2025:BHC-OS:22861-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY JYOTI RAJESH ORDINARY ORIGINAL CIVIL JURISDICTION MANE Digitally signed by JYOTI RAJESH MANE WRIT PETITION (L)NO. 37541OF 2025 Date: 2025.12.01 10:58:29 +0530 Anita Trilochan Sindhu & Ors. ...Petitioners Versus Deputy Collector (Special Cell) SRA & Ors. ...Respondents WITH INTERIM APPLICATION (L)NO. 37593 OF 2025 _______

Ms. Jennifer Sagayarajan, for Petitioners.

Mr. Aspi Chinoy, Senior Advocate a/w. Ms. Rujuta Patil, Mr. Yohaan Shah, a/w.

Mr. Hasan M.,a/w. Mr. Salman Balbale, a/w. Mr. Mohammed Memon i/b.

Negandhi Shah & Himaytullah, for Applicant/Intervenor.

Mr. Vishwanath Patil, for Respondent No.1/SRA.

Mr. Ashish Kamat, Senior Advocate i/b. Mr. C.N.Gole a/w. Dhiraj Gole, for Respondent No.2.

Mr. Pravin Samdani, Senior Advocate a/w. Mr. Shashikant Surana i/b.

Mr. Madhur Surana for Respondent No.3.

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CORAM: G. S. KULKARNI &

AARTI SATHE, JJ.

DATE: 24^th NOVEMBER 2025 P.C.

1. We have heard learned counsel for the parties.

2. This Petition under Article 226 of the Constitution of India is filed praying for the following substantive reliefs:

a. Rule be issued;

b. this Hon'ble Court be pleased to quash and set aside the interim order dated 10/10/2025 passed by AGRC in Appeal No.372 of 2025 wherein the reliefs sought by the Petitioners were rejected c. this Hon'ble Court be pleased to grant stay on the operation, implementation, execution of the order dated 28th Sep, 2025 passed by Deputy Collector (Special Cell) Western Suburb, SRA under section 33 and 38 of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 till the final disposal of W.P. (L) No. 7682 of 2025;

d. pending the hearing and final disposal of the present Writ Petition, this Hon'ble Court be pleased to quash and set aside the interim order dated 10/10/2025 passed by AGRC in Appeal No. 372 of 2025 wherein the reliefs sought by the Petitioners were rejected;

e. pending the hearing and final disposal of the present Writ Petition, this Hon'ble Court be pleased to grant stay on the operation, implementation, execution of the order dated 28^th Sep. 2025 passed by Deputy Collector (Special Cell) Western Suburb, SRA under section 33 and 38 of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 till the final disposal of W.P. (L)No. 7682 of

2025;

3. There is an intervention application filed by One Stop Business LLP, who is the developer of the land which is adjoining the slum being redeveloped by Respondent No. 3 (developer) for Respondent No. 2–Society. The facts of the case are quite peculiar. The Petitioners are occupants of structures which stand partly on the land in regard to which Respondent Nos. 2 & 3 is undertaking a Slum Scheme and partly on the land which is part of Slum redevelopment being undertaken by the Intervener-One Stop Business LLP.

4. The fact situation is that the Petitioners had approached the Apex Grievance Redressal Committee asserting their rights for a Permanent Alternate Accommodation (PAA) being provided to them. Such proceedings were heard and are closed for orders. As the Petitioners were apprehending the demolition the present Petition is filed.

5. The case of the Respondent Nos.2 and 3 as also of the intervenors is that the Petitioners need to vacate their respective structures so that the respective schemes can progress by demolition of the Petitioners structures, as the Petitioners structures are obstructing both the schemes. This is common contention as urged on behalf of the intervenors who are represented by Mr.Chinoy, learned Senior Advocate and Mr. Kamat and Mr. Samdani, appearing for Respondent Nos. 2 and 3 respectively. Thus, the structures of the Petitioners are obstructing the scheme undertaken not only by Respondent Nos.2 and 3 but also of the intervenors. It is not in dispute that the grievance of the Petitioners is pending consideration before the Apex Grievance Redressal Committee (AGRC), and that such proceedings are stated to have been