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2023 Supreme(Online)(SC) 19809

SURYA KANT, DIPANKAR DATTA, JJ
SANTOSH KUMAR R. PANDEY – Appellant
Versus
THE STATE OF MAHARASHTRA & ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Anandh K, AOR, Mr. Sanjeev Deore, Adv., Ms. Suchita Pawar, Adv., Ms. Shruti Iyer, Adv., Ms. Nishita Jagetia, Adv.
For the Respondent(s):

ORDER

1. Delay condoned. 2. The petitioner invoked the writ jurisdiction of the High Court of Judicature at Bombay, alleging that the construction activity carried out by respondent No.13 – M/s Mighty Engineers & Developers was illegal, as the two floors, which were shown as fire refugee area, had been converted into apartments. 3. The Writ Petition was purportedly filed in public Digitally signed by satish kumar yadav Date: 2023.09.27 19:15:06 IST Reason:

    Signature Not Verified interest. Before the High Court, the Slum Rehabilitation Authority filed an affidavit, of which it would be relevant to quote para Nos.8 and 9 : “8. I say that so far as the allegations of the Petitioners about the refuge area on 7th and 14th floor is concerned, I say that after inspection of the subject property on the basis of the complaint made by the Petitioners, the office of the answering Respondents found (1) refuge area on 7th floor is not as per approved plan and it found that one flat is constructed in the refuge area and even the same is occupied by one occupant. (2) On the 14th floor, it is found that society room is constructed in part portion of refuge area. Also
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