Digitally MEERA MEERA MAHESH MAHESH JADHAV JADHAV Date:

2025.08.22

17:27:29 2025:BHC-OS:14013-DB +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 18500 OF 2025 Shree Gurukrupa SRA Co-op Hsg Sty ...Petitioner Versus Minister of State, Home (Rural) Housing School Education Co-operative Mining Department & Ors ...Respondents WITH INTERIM APPLICATION (L) NO.24087 OF 2025 AND WRIT PETITION (L) NO. 18923 OF 2025 Sateri Builders & Developers LLP ...Petitioner Versus Minister of State, Home (Rural) Housing School Education Co-operative Mining Department & Ors. ...Respondents WITH INTERIM APPLICATION (L) NO.24090 OF 2025 -----

Mr. Mayur Khandeparkar i/b Mr. Rishi Nirav Bhatt for Petitioner in WPL/18500/2025.

Mr. A. Y. Sakhare, Sr. Adv. a/w Mr. Makarand M. Kale i/b Yogesh S. Sankpal for Petitioner in WPL/18923/2025.

Mr. P. K. Dhakephalkar, Sr. Adv. i/b Piyush Deshpande for Applicants/Intervenors Dr. Milind Sathe, Sr. Adv. a/w Mr. Bhushan Deshmukh, Ms. Ravleen Sabharwal i/b R S Justicia Law Chambers for R. No. 2 & 3 SRA in WPL/18500/2025 and WPL/18923/2025 Ms. Lavina Kriplani, AGP for State in WPL/18500/2025 Mr. Vikrant Parashurami, AGP for State in WPL/18923/2025 Mr. Makarand M. Kale i/b Yogesh S. Sankpal for Respondent No.4 in WPL/18500/2025 Mr. Rishi Nirav Bhatt for Respondent No. 4 in WPL/18923/2025 Mr. Firoz Bharuch i/b M/s. Pandya & Poonawala Ms. Farida Poonawala Tata, Partner of M/s. Pandya & Poonawala for R. No. 8 in WPL/18500/2025 and WPL/18923/2025 Mr. Atul Damle, Sr. Adv. a/w Ms. Payal Vardhan for Respondent No.9 in all matters Ms.Reena Salunke a/w Ms. Rupali Adhate i/b Ms. Komal Punjabi for BMC in all matters.

Mr. Nikalje, Sub-Engineer (Estate Department) present in Court -----

CORAM : G.S. KULKARNI &

ARIF S. DOCTOR, JJ.

RESERVED ON : 5th AUGUST, 2025.

PRONOUNCED ON: 22^nd AUGUST 2025.

JUDGMENT (PER ARIF S. DOCTOR J.)

1 Given the commonality of the facts, the parties and the challenge in the captioned Writ Petitions, both the captioned Writ Petitions were heard together and are being disposed of by this common order. For the sake of convenience, reference to the parties and the facts shall be in the context of Writ Petition (L) No. 18923 of 2025, i.e., the Petition filed by Sateri Builders and Developers LLP.

The facts, broadly stated, are as follows:

2 In November 2020, the Petitioner was appointed as the Developer by Respondent No. 4, i.e., a society of slum dwellers, for the redevelopment of a plot of land bearing F.P. No. 187 (pt.), situated at Vile Parle, Mumbai (“the Original Plot”), under a Slum Rehabilitation Scheme. Respondent No. 4 is the Petitioner in Writ Petition (L) No. 18500 of 2025.

3 On 2nd December 2020, the Petitioner submitted a proposal for redevelopment in compliance with Circular No. 144 issued by Respondent No. 2, i.e., the Slum Rehabilitation Authority (SRA), and the Development Control and Promotion Regulations (DCPR) 2034 for the redevelopment of the Original Plot. On 29th December 2020 the Petitioner submitted a draft Annexure II of the occupants of the Original Plot to Respondent No. 2, who sent the same to the MCGM for verification and certification. On 19th January 2021, the draft Annexure II of the Original Plot was duly verified by the AMC & CA, K/East ward, and forwarded to Respondent No. 2.

4 Respondent No. 2 thereafter, vide an administrative order dated 25th February 2021, accepted the slum rehabilitation proposal submitted by the Petitioner on the condition that the Petitioner also accommodates and rehabilitates the occupants of the adjoining D.P. road known as Dayaldas Road, bearing F.P. No. 187(pt), (“DP Road Plot”) into the slum rehabilitation scheme as ‘persons affected by the project’, i.e., PAP’s. Accordingly, a draft Annexure-II in respect of the PAP’s was prepared, and the same was also verified and published by the MCGM in May 2021.

5 On 11th April 2022, Respondent No. 6, i.e., the Assistant Commissioner of the K/East Ward, issued an NOC to