16-OSWP-639-2022 MODIFIED.DOC

Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO. 639 OF 2022

Malad Shivshakti SRA CHSL

…Petitioner

Versus

Slum Rehabilitation Authority & Ors

…Respondents

Mr Mukesh Vashi, Senior Advocate, with Aparna Deokar, i/b MP

Vashi & Associates, for the Petitioner.

Mr Jaydeep Deo, for Respondent No.1-SRA.

Mr SU Kamdar, Senior Advocate, with Sagar Patil, for Respondents

Nos. 2 to 4-MCGM.

Mr Arjun Mane, Colony Officer, P/N Ward, is present.

Ms Neha Dubey, Colony Officer, P/N Ward, is present.

CORAM

G.S. Patel &

Madhav J. Jamdar, JJ.

DATED:

7th March 2022

PC:-

1.

By our order of 25th February 2022, we took on record the

Affidavit in Reply by the MCGM on merits. On that day, Mr

Kamdar, learned Senior Advocate for the MCGM, had instructions

to make certain statements. We preferred that these be placed on

Affidavit.

2.

There is now an Affidavit of the Assistant Commissioner

P/North Ward. It is affirmed today. In paragraph 2 of the Affidavit,

Page 1 of 4

7th March 2022

ASHWINI

HULGOJI

GAJAKOSH

Digitally signed

by ASHWINI

HULGOJI

GAJAKOSH

Date:

2022.03.10

16:01:29 +0530

16-OSWP-639-2022 MODIFIED.DOC

the Assistant Commissioner states that the Colony Officer of

P/North Ward has initiated a process of reverification of the

eligibility of slum dwellers. This is pursuant to an order of Joint

Municipal Commissioner (I) made on 15th June 2021. This work is

in progress. Documents received from the slum dwellers have been

sent to various departments for verification.

3.

The background is that the MCGM perceives there to have

been an increase in the number of eligible slum dwellers beyond its

original estimation. Hence the process of reverification.

4.

In paragraph 3 of the affidavit, the MCGM requests an

extension of time of eight weeks to complete the verification work.

We extend this time to 16 weeks because of the large number of

cases that will have to be dealt with on an individual basis.

5.

Paragraph 3 also says that this exercise is necessary lest

ineligible slum dwellers come to be allotted Project Affected Persons

(“PAP”) tenements in the rehab building. That would directly

reduce the number of PAP tenements that can be provided by the

SRA to the MCGM.

6.

The extension of time is also required because not all slum

dwellers have yet submitted the documents. Of course, notices will

have to be issued to the individuals concerned. Neither the MCGM

nor this Court can expect the society or the developer to produce

eligibility documents in respect of any individual. These can only

come from the individuals in question.

Page 2 of 4

7th March 2022

16-OSWP-639-2022 MODIFIED.DOC

7.

In paragraph 4 of this Affidavit, it is stated that pursuant to

the order dated 15th June 2021 by the Joint Municipal

Commissioner (I), the Colony Officer P/North Ward by a letter of

9th August 2021 to the CEO directed that work on the rehab

building be stopped. The MCGM is agreeable to recall or withdraw

the letter of 9th August 2021 and has no objection to the

construction of the rehab building and sale building being

recommenced. The Affidavits says that the no objection is to

resumption of construction work on the ‘slum rehabilitation

scheme’. We accept this statement. For good order, the Colony

Officer of the P/North Ward will formally withdraw the 9th August

2021 communication within one week from the date this order is

uploaded.

8.

This brings us to the last point, relating to the vesting of the

property. Paragraph 5 of the Affidavits says that pursuant to certain

acquisition proceedings and an award, the property vests in the

MCGM. The original owner of the land filed Writ Petition No. 744

of 2013. This was rejected on 19th November 2013. There are some

reservations on the land in DCPR 2034 and these portions have

come into the possession of the planning or appropriate authority.

These