IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8931 OF 2024 M/s. Sushanku Builders Ltd.

Minal Co-operative Housing Society, Vile Parle (East), Mumbai ...Petitioner V/s.

1. Apex Grievance Redressal Committee, Bandra, Mumbai.

2. Bandra Ahinsa Nagar Co-operative, Bandra, Mumbai.

3. Chief Executive office (C.E.O.), SRA, Bandra, Mumbai.

4. Chief Officer, Maharashtra Housing Area & Development Authority Bandra, Mumbai ...Respondents WITH INTERIM APPLICATION (ST) NO. 2197 OF 2025 IN WRIT PETITION NO.8931 OF 2024

1. Monohar Narayan Lad

2. Mohan Ganpat Yadav

3. Yashwant Kalya Pawar

4. Dattaram Govind Mandavkar

5. Jotiba Appaji Jadhav 6. Narayan Sulabha lad

7. Sunil Shankar Kamble … Applicants IN THE MATTER BETWEEN Digitally signed by MEGHA M/s. Sushanku Builders Ltd.

MEGHA SHREEDHAR SHREEDHAR PARAB PARAB Date: Minal Co-operative Housing Society, Vile

2025.03.27 +0530 V/s.

1. Apex Grievance Redressal ...Respondents Committee, Bandra, Mumbai.

2. Bandra Ahinsa Nagar Co-operative, Bandra, Mumbai.

3. Chief Executive office (C.E.O.), SRA, Bandra, Mumbai.

4. Chief Officer, Maharashtra Housing Area & Development Authority Bandra, Mumbai WITH INTERIM APPLICATION (ST) NO. 9730 OF 2025 (NOT ON BOARD)

IN WRIT PETITION NO.8931 OF 2024 Baliram Bhimanna Ichaigiri and Anr. … Applicants V/s.

M/s. Sushanku Builders Ltd.

Minal Co-operative Housing Society, Vile Parle (East), Mumbai ...Petitioner ______________

Mr. Navroz Seervai, Senior Advocate with Mr. Chirag Balsara, Ms. Laveena Tejwani, Mr. Abdul Basit Kudalkar, Ms. Dhwani Mehta, Mr. Siddharth Chavan & Ms. Madhura Shah i/b M/s. NDB Law, for Petitioner in WP/8931/2024 and for Respondent in IAST/9730/2025. Mr. Surel Shah, Senior Advocate a/w Mr. Sahil Saiyed, Mr. Amit Padwal, for Applicant/Intervenor in IAST/2197/2025.

Mr. Mayur Khandeparkar with Mr. Arun Panickar & Mr. Vinay Nair, for Applicant in IAST/9730/2025.

Mr. Abhijit P. Kulkarni a/w Ms. Sweta Shah, for Respondent No.1 AGRC in WP/8931/2024 & for Respondent in IAST/2197/2025.

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CORAM: SANDEEP V. MARNE, J.

Judgment reserved on: 18 March 2025.

Judgment pronounced on: 27 March 2025.

Judgment:

1) Petitioner has filed this Petition challenging the order dated 8 January 2024 passed by the Apex Grievance Redressal Committee (AGRC) allowing the appeal preferred by Respondent No.2-society and setting aside order dated 6 August 2021 passed by the Chief Executive Officer, Slum Rehabilitation Authority (CEO/SRA) and terminating the appointment of Petitioner under Section 13(2) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Slum Act). The AGRC has directed Respondent No.2-Society to implement the subject Slum Rehabilitation Scheme (SRS) through newly appointed developer. Petitioner is aggrieved by termination of his appointment as a developer for implementation of the subject SRS and has accordingly filed the present Petition challenging order dated 8 January 2024 passed by the AGRC.

2) Briefly stated, facts of the case are that Respondent No.2- Society was formed on 8 June 1992 by slum dwellers situated at plot bearing City Survey No.629(pt) admeasuring 5367 sq.mts, Bandra Mumbai. Maharashtra Housing and Area Development Authority (MHADA) granted lease in respect of the encroached plot bearing CTS No.629 (pt) for improvement/rehabilitation. The plot consists of 236 slum dwellings, of which 220 structures were certified by MHADA and declared eligible by Slum Rehabilitation Authority (SRA). The Society resolved for appointment of Petitioner as developer for implementation of the subject SRS and executed development agreement dated 11 April 1994. Petitioner received consent of 73% of eligible slum dwellers. On 30 July 2002, SRA issued Letter of Intent (LOI) in Petitioner’s favour. According to Petitioner, the subject SRS could not be implemented on account of lack of clarity on the issue of implementation of the SRS in respect of land reserved in the development plan for recreational ground. The SR