B.H. MARLAPALLE, J.

1. Both these petitions filed under Article 226 of the Constitution raise a common challenge and, therefore, they have been heard together at all times. They came to be filed on or about 26th March, 1999 and 23rd February, 2000 respectively and the initial challenge was to the Notification dated 16th May, 1999 issued under Section 14(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act 1971 (for short “the Act”) and the Letter of Intent issued on 1st December, 1998 in favour of respondent No.4 which is a builder/developer company. By the Notification dated 16th May, 1998 issued by the State Government through its Housing and Special Assistance an area admeasuring 44330 sq. meters (more than 11 acres) located in Andheri East and popularly known as Saiwadi has been acquired purportedly to execute the “works of improvement” as envisaged under the Act. Whereas by the second impugned order dated 1st December, 1998 the Letter of Intent has been issued in favour of the respondent No.4 for the entire area of 44330 sq. meters acquired by the notification dated 6th July, 1998 and though initially the F.S.I. granted was 2.07, subsequently it has been increased to 2.5 and it has been the contention of the petitioner that in fact it was 2.7 which was the F.S.I. allowed in favour of the respondent No.4 on the entire land i.e. 44330 sq. meters and permissible under D.C.R. (33.10) as amended from time to time.

The petitioner had also challenged the constitutional validity of Section 14(1) of the Act but during the course of arguments, the said challenge was given up. By the subsequent amendments, the petitioner has also challenged the order dated 17th August, 2008 passed by the Secretary, Housing and Special Assistance, Government of Maharashtra. In addition, the petitioner has also prayed for being allowed to carry on construction for rehabilitation on the suit property belonging to him.

2. Writ Petition No.974 of 1999 is in respect of C.T.S. No. 449 (Old Survey No.33/5) of village Gundavli (Gaoligalli), Andheri East and Writ Petition No.1113 of 2000 is in respect of Plot C.T.S. No. 429 (Old Survey No.37/13) of the very same village. The area of C.T.S. No.449 is 1168.5 sq. meters whereas initially the area of C.T.S. No.429 is 1,064.3 sq. meters but it appears that on C.T.S. No. 429/1 to 18 some slum came up and they occupy an area of 401.05 sq. meters thus leaving behind the net area of C.T.S. No.429 at 662.8 sq. meters. There is no dispute that both the petitions together are in respect of the plot area of 1168.5 and 662.8 sq. meters which area is covered by both the impugned orders. It is the contention of the petitioner that the acquisition as per the Notification dated 6th July, 1998 is illegal, in violation of the principles of natural justice, contrary to the scheme of the Act and hence void ab initio on several grounds. The Letter of Intent dated 1st December 1998 issued in favour of the respondent No.4 is also alleged to be illegal, in breach of the mandatory requirements of the Act and against the State policy. It is further alleged that by both the impugned orders the petitioner’s right to develop the property as permissible under the Act has been taken away and without due notice to him and his other family members the suit property along with other big chunk of land has been handed over to the respondent No.4 surreptiously and in gross violation of the provisions of the Act. We make it clear that the challenge raised in these petitions with respect to the notification dated 6th July, 1998 as well as the Letter of Intent dated 1st December, 1998 is required to be confined only in respect of the suit property. We are also required to decide some other related issues which may be called public interest issues.

3. The respondents have opposed the petitions and the opposition is vigorous and determined. On behalf of the respondent No.1, Shri Nitish Thakur, Deputy Collector (Encro