2026:BHC-OS:1356-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.263 OF 2026 Anwar Mohiddin Peje and others Petitioners versus The Competent Authority-1, SRA, Mumbai Respondent _______

Mr.Ashwin S.Tripathi for Petitioner.

Ms.Ravleen Sabharwal with Ms.Aarushi Yadav, for Respondent SRA.

_______

CORAM: G. S. KULKARNI &

AARTI SATHE, JJ.

DATE: 9^th January 2026 P.C.

1. This writ petition under Article 226 of the Constitution of India is filed praying for following reliefs :

“a) That this Hon’ble Court be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction to Respondent to conduct a Table Survey of the Petitioners’ structures situated at Barkat Ali Nagar, Wadala (East), Mumbai and incorporate the Petitioners’

names in Annexure-II of the Barkat Ali Anjuman SRA Scheme;

b) That this Hon’ble High Court be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction, thereby directing Respondent to decide the Petitioners’ representation dated 27.11.2025 and also decide the eligibility of Petitioners within a fixed time period;

c) Pending the hearing and final disposal of the present petition, this Hon’ble High Court be pleased to direct Respondent be restrained from finalizing or implementing any further steps in the SRA Scheme without conducting Table Survey and considering Petitioners’ claim.”

2. We may observe that the grievance of the Petitioners is in regard to Annexure-II being finalized in respect of slum scheme in question and that the Digitally signed by MANISH MANISH SURESHRAO S TH UR AT E T S E HRAO THATTE Date: 2026.01.19 Petitioners’ names are not reflected in the Annexure-II despite making applications.

3. These are the actions which are required to be taken by the appropriate Competent Authority of Slum Rehabilitation Authority. In such context we may refer to the recent decision of this Court in Om Shri Sai SRA Co-operative Housing Society Vs. State of Maharashtra and others¹, wherein to address such grievance of the slum dwellers, a Special Cell has been formed by the Slum Rahabilitation Authority (SRA), which will determine such issues, as canvassed by the Petitioners. The factual aspects in the petition can be gone into including to decide the representation dated 27^th December 2025, as made by the Petitioners for such determination. Moreso, these are all issues which would entail a factual inquiry on the basis of record and survey, which was conducted. It would be convenient to refer to the following observations made in the Om Shri Sai SRA Co-operative Housing Society Vs. State of Maharashtra and others (supra) :

“5. Circular No. 230 deals with the constitution of a Special Cell to address complaints relating to possession of permanent alternate accommodation, particularly where permanent alternate tenements have not been handed over. Circular No. 231 concerns the recovery of transit rent. This circular makes a reference to the observations of this Court on a same embargo to be created on part of the free sale component, which can be dealt with only after the construction of the rehabilitation building is completed and all issues relating to payment of transit rent are addressed. The circular directs the Deputy Chief Engineer along with concerned officers to ascertain and decide the commensurate area of the free sale component as a corresponding security for payment of transit rent. It further records, that whenever a Letter of Intent is issued in relation to a Slum Rehabilitation Scheme, such Letter of Intent will include a condition qua the freezing of an appropriate lower floor(s) sale area. The computation of the free sale area, to be frozen, and/or not permitted to be dealt to be fixed by taking into consideration the number of slum dwellers, the monthly rent payable for an approximately three years’ rent cycle, and the corresponding Ready Reckoner value of the sale area.

Writ Petition NO.3140 of 2019, decided on 23