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ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2041 OF 2021
Bombay Slum Redevelopment ]
Corporation Pvt. Ltd. ]
A Company incorporated under the ]
Provisions of Companies Act, 1956 ]
Having its Registered Office at 605, ]
Trade Centre, Bandra Kurla Complex, ]
Bandra (E), Mumbai-400051. ] … Petitioner.
An Authority, constituted under the ] provisions of Maharashtra Slum Areas]
(I.C. & R) Act, 1971, having its ]
Office at Administrative Building, ]
Prof. A.K.Marg, Bandra (E), ]
Mumbai-400051. ]
2) The Chief Executive Officer, ]
Slum Rehabilitation Authority, ]
Having his office at ]
Administrative Building, Prof. A.K. Marg, ]
Bandra (E), Mumbai-400051. ]
3) Andheri West Loknayak Co-op. Housing ]
Society Ltd., A Co-operative Housing ]
Society Duly registered under the provisions] of M.C.S Act, having its office, at ]
CTS Nos.195(Part) of Village Andheri ] and CIS Nos.30 & 31 (Part) And ]
Nallah land of Village Juhu, ]
Loknayak Nagar, Juhu Vile Parle Link ]
Road, Andheri (W), Mumbai-400 053 ] through its Administrator Mr. Ananda ]
Patil duly appointed by Respondent No.7. ]
4) Andheri West Shivaji Nagar Co-op. ]
Housing Society Ltd., ]
WADHWA
Duly registered under the provisions ] of M.C.S. Act, having its office at ]
CTS No.195(Part) of Village Andheri ] and CTS Nos. 30 & 31 (Part) ]
And Nallah land of Village Juhu, ]
Loknayak Nagar, Juhu Vile Parle ]
Link Road, Andheri (W), ]
Mumbai-400 053. ]
5) New Kapaswadi Co-op. Housing Society ]
(Prop.) ]
A proposed Co-operative Housing ]
Society merged with Respondent No.4 ]
Society, Having its office at CTS No.195 ]
(Part) of Village Andheri and CTS ]
Nos. 30&31 (Part) and Nallah land of ]
Village Juhu, Loknayak Nagar, ]
Juhu Vile Parle Link Road, ]
Andheri (W), Mumbai-400 053. ]
6) Apex Grievance Redressal Committee ]
Previously known as High Power Committee]
Having his office at, Administrative ]
Building, Prof. A.K. Marg, Bandra(E), ]
Mumbai-400 051. ]
7) Assistant Registrar, ]
CS Department, Having his office at ]
Administrative Building, ]
Prof. A.K. Marg, Bandra(E), ]
Mumbai-400 051. ]
8) Mr. Mahesh Nalavade, ]
Authorize officer and Assistant ]
Co-operative Officer, Having his ] office at Administrative Building ]
A.K. Marg, Bandra(E), ]
Mumbai-400 051. ]
9) M/s. D.G. Properties & Infrastructure ]
Pvt. Ltd., ]
S. No. 46/1B, Plot No.2, ]
Office No.301, Landmark Center, ]
IN
WRIT PETITION NO.2041 OF 2021
Pramila Sadhu Shetty ]
An adult, Occ-Business ]
Having her residential address at ]
A/21, Shravasti Co-operative ]
Housing Society Limited, Malad Link ]
Road, Near Inorbit Mall, VTC-Malad(West), ]
Mumbai-400 064. ]
Having her Commercial Premises at ]
M/s. Shankari Hotel, Restaurant, Permit ]
Room and Bar, situated at Loknayak Nagar ]
CHSL on Plot No.CTS No.195 (pt) of ]
Village-Andheri, 30(pt) and 31(pt). ]
Of Village-Juhu, Juhu Versova Link Road, ]
Andheri (West), Mumbai-400053. ] … Applicant
In the matter between
Bombay Slum Redevelopment ]
Corporation Pvt. Ltd. ]
A Company incorporated under the ]
Provisions of Companies Act, 1956 ]
Having its Registered Office at 605, ]
Trade Centre, Bandra Kurla Complex, ]
Bandra (E), Mumbai-400051. ] … Petitioner.
An Authority, constituted under the ] provisions of Maharashtra Slum Areas]
(I.C. & R) Act, 1971, having its ]
Office at Administrative Building, ]
Prof. A.K.Marg, Bandra (E), ]
Mumbai-400051. ]
2) The Chief Executive Officer, ]
Slum Rehabilitation Authority, ]
Having his office at ]
Bandra (E), Mumbai-400051. ]
3) Andheri West Loknayak Co-op. Housing ]
Society Ltd., A Co-operative Housing ]
Society Duly registered under the provisions] of M.C.S Act, having its office, at ]
CTS Nos.195(Part) of Village Andheri ] and CIS Nos.30 & 31 (Part) And ]
Nallah land of Village Juhu, ]
Loknayak Nagar, Juhu Vile Parle Link ]
Road, Andheri (W), Mumbai-400 053 ] through its Administrator Mr. Ananda ]
Patil duly appointed by Respondent No.7. ]
4) Andheri West Shivaji Nagar Co-op. ]
Housing Society Ltd., ]
A Co-operative Housing Society ]
Duly registered under the provisions ] of M.C.S. Act, having its office at ]
CTS No.195(Part) of Village Andheri ] and CTS Nos. 30 & 31 (Part) ]
And Nallah land of Village Juhu, ]
Loknayak Nagar, Juhu Vile Parle ]
Link Road, Andheri (W), ]
Mumbai-400 053. ]
5) New Kapaswadi Co-op. Housing Society ]
(Prop.) ]
A proposed Co-operative Housing ]
Society merged with Respondent No.4 ]
Society, Having its office at CTS No.195 ]
(Part) of Village Andheri and CTS ]
Nos. 30&31 (Part) and Nallah land of ]
Village Juhu, Loknayak Nagar, ]
Juhu Vile Parle Link Road, ]
Andheri (W), Mumbai-400 053. ]
6) Apex Grievance Redressal Committee ]
Previously known as High Power Committee]
Having his office at, Administrative ]
Building, Prof. A.K. Marg, Bandra(E), ]
Mumbai-400 051. ]
CS Department, Having his office at ]
Administrative Building, ]
Prof. A.K. Marg, Bandra(E), ]
Mumbai-400 051. ]
8) Mr. Mahesh Nalavade, ]
Authorize officer and Assistant ]
Co-operative Officer, Having his ] office at Administrative Building ]
A.K. Marg, Bandra(E), ]
Mumbai-400 051. ]
9) D.G. Properties & Infrastructure ]
Pvt. Ltd., ]
S. No. 46/1B, Plot No.2, ]
Office No.301, Landmark Center, ]
Pune Satara Road, Pune-411009. ] … Respondents.
IN
WRIT PETITION NO.2041 OF 2021
Bombay Slum Redevelopment ]
Corporation Pvt. Ltd. ]
A Company incorporated under the ]
Provisions of Companies Act, 1956 ]
Having its Registered Office at 605, ]
Trade Centre, Bandra Kurla Complex, ]
Bandra (E), Mumbai-400051. ] … Applicant.
In the matter between
Bombay Slum Redevelopment ]
Corporation Pvt. Ltd. ]
A Company incorporated under the ]
Provisions of Companies Act, 1956 ]
Having its Registered Office at 605, ]
Trade Centre, Bandra Kurla Complex, ]
Bandra (E), Mumbai-400051. ] … Petitioner.
An Authority, constituted under the ] provisions of Maharashtra Slum Areas ]
(I.C. & R) Act, 1971, having its ]
Office at Administrative Building, ]
Prof. A.K.Marg, Bandra (E), ]
Mumbai-400051. ]
2) The Chief Executive Officer, ]
Slum Rehabilitation Authority, ]
Having his office at ]
Administrative Building, Prof. A.K. Marg, ]
Bandra (E), Mumbai-400051. ]
3) Andheri West Loknayak Co-op. Housing ]
Society Ltd., A Co-operative Housing ]
Society Duly registered under the provisions] of M.C.S Act, having its office, at ]
CTS Nos.195(Part) of Village Andheri ] and CIS Nos.30 & 31 (Part) And ]
Nallah land of Village Juhu, ]
Loknayak Nagar, Juhu Vile Parle Link ]
Road, Andheri (W), Mumbai-400 053 ] through its Administrator Mr. Ananda ]
Patil duly appointed by Respondent No.7. ]
4) Andheri West Shivaji Nagar Co-op. ]
Housing Society Ltd., ]
A Co-operative Housing Society ]
Duly registered under the provisions ] of M.C.S. Act, having its office at ]
CTS No.195(Part) of Village Andheri ] and CTS Nos. 30 & 31 (Part) ]
And Nallah land of Village Juhu, ]
Loknayak Nagar, Juhu Vile Parle ]
Link Road, Andheri (W),Mumbai-400053. ]
5) New Kapaswadi Co-op. Housing Society ]
(Prop.) ]
A proposed Co-operative Housing ]
Society merged with Respondent No.4 ]
Society, Having its office at CTS No.195 ]
Nos. 30&31 (Part) and Nallah land of ]
Village Juhu, Loknayak Nagar, ]
Juhu Vile Parle Link Road, ]
Andheri (W), Mumbai-400 053. ]
6) Apex Grievance Redressal Committee ]
Previously known as High Power Committee]
Having his office at, Administrative ]
Building, Prof. A.K. Marg, Bandra(E), ]
Mumbai-400 051. ]
7) Assistant Registrar, ]
CS Department, Having his office at ]
Administrative Building, ]
Prof. A.K. Marg, Bandra(E), ]
Mumbai-400 051. ]
8) Mr. Mahesh Nalavade, ]
Authorize officer and Assistant ]
Co-operative Officer, Having his ] office at Administrative Building ]
A.K. Marg, Bandra(E), ]
Mumbai-400 051. ]
9) M/s. D.G. Properties & Infrastructure ]
Pvt. Ltd., ]
S. No. 46/1B, Plot No.2, ]
Office No.301, Landmark Center, ]
Pune Satara Road, Pune-411009. ] … Respondents.
Mr. Ankit Lohia a/w Mr. Nishant Chothani, Mr. Atman Mehzta, Mr. Vipul
Patel & Mr. Rachit Bharwada i/by Mr. Jitendra Shah for the Petitioners in
WP/2041/2021 and for the Applicants in IAL/4386/2024 in
WP/2041/2021.
Mr. Sachin A. Mhatre a/w Mr. Suraj Chaudhary, Ms. Diksha Shirodkar i/by
Mhatre Law Associates for the Applicant in IA/949/2024 in
WP/2041/2021.
Mr. V.A. Thorat, Senior Advocate, i/by Mr. Anoop Patil for Respondent Nos.
1 & 2-SRA and for Respondent No.6-AGRC in WP/2041/2021.
Mr. Srikrishna Ganbavle a/w Mr. Rahul Rao & Ms. Revati Rajput i/b. Rajput
Mr. Vishal Raman i/by Mr. Ravi S. Kotian for Respondent No.4 in
WP/2041/2021.
Mr. Mayur Khandeparkar a/w Mr. Ashish Vernekar for Respondent No.9 in
WP/2041/2021.
JUDGMENT
1) By this Petition, the Petitioners seek the following reliefs: “(a) In view of aforesaid reasoned grounds, the Petitioners submit that this Hon’ble Court be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other writ, order or direction, calling upon the records and proceedings from the file of the Respondent No.2 and 7 and after going through the legality, propriety and validity of the Impugned notice dated 19/6/2019 (Exhibit ‘Z’ hereto) and any decision taken on 7th July 2019, be pleased to quash and/or set aside the same. (b) The Petitioners submits that this Hon’ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or directions against the Respondent Nos. 1, 2, 7, 8 to grant opportunity to Petitioners to complete the construction of redevelopment of suit property and set aside the order dated 25/1/2016 passed by Respondent No.2 and order dated 29/4/2017 passed by Respondent No.6.
(c) The Petitioners submit that this Hon’ble Court be pleased to issue writ of Mandamus or any writ, order or directions to Respondent No.1 & 2 and the Police Department to initiate enquiry against Respondent No.9 with regard to complaints raised by Petitioners.”
2) Mr. Lohia, the learned Advocate for the Petitioners submits that, the Order dated 25th January, 2016 passed by Respondent No.2 in exercise of its powers under Section 13(2) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 and the Order passed by the Chief Executive Officer (CEO), Slum Rehabilitation Authority (SRA), Respondent No.2 and the Apex Grievance Redressal Committee (AGRC) are passed without following the mandatory procedure of issuance of the show cause notice. In other words, the Petitioners seek to challenge the Orders passed by the CEO, SRA and the AGRC terminating the developer under Section 13(2) of the Slums Act on the basis that the Orders are passed in excess of/beyond the jurisdiction vested in the CEO, SRA and AGRC. He argues that both the impugned Orders are passed without considering the documents on record and are thus manifestly arbitrary, discriminatory and guided by extraneous reasons.
3) Per Contra Mr. Thorat for the Respondent Nos.[1] and 2-SRA and for Respondent No.6-AGRC submits that, by a detailed Order dated 11th December 2023 this Court had directed the SRA to conduct another meeting as directed in the Order. He submitted that, such a meeting was conducted and a compliance Affidavit in that regard has been filed. The result of the said meeting was that the resolution to appoint a new developer was passed and consequently, the new developer came to be appointed.
3.1) He asserted that, the Petitioners have no locus to maintain the Petition as their appointment was terminated for inordinately delaying the project. He contended that due procedure was followed by the CEO SRA and the findings were upheld by the AGRC. In view of the aforesaid, the learned counsel submitted that the Petition be dismissed.
4) This Court by its Order dated 11th December 2023 had kept the Petition pending only because this Court was unhappy with the manner in which the elections were held and the decision was taken. In paragraph 46 the Order stated that:
5) By our Order dated 15th April 2024 we issued directions regarding the manner in which the meeting must be held in the presence of the concerned Authorities. In the meeting, the only thing that had to be decided was, whether the Petitioners should continue to develop or the 9th Respondent.
6) Following the Orders, meeting was held and compliance Affidavit was filed by Sandhya Bawankule as directed. Having perused the compliance Affidavit dated 10th April 2024, we find that, the meeting was appropriately held as directed. We now see no reason to doubt the outcome of the said meeting i.e. to appoint the 9th Respondent as developer. Moreover, having perused the compliance Affidavit of the Respondent Nos.1, 2 and 6 we do not find any perversity or irregularity in the same.
7) In view of the above and in view of the outcome of the meeting, that being the only issue that remained to be decided, following the Order of this Court dated 11th December 2023 we see no reason to further entertain the Petition and therefore Rule requires to be discharged. Thus, we dismiss the Petition.
8) In view of dismissal of the Petition, Interim Application Nos. 949 of 2024 and Interim Application (L) No.4386 of 2025 do not survive and the same are also disposed off. (KAMAL KHATA, J.) (A.S. GADKARI, J.)
9) At this stage Mr. Lohia, learned counsel for Petitioner requested this Court to continue the ad-interim relief granted by Order dated 3rd September 2019.
10) Mr. Khandeparkar, learned counsel for Respondent No.9 opposed the said request and submitted that, taking into consideration the conduct of the Petitioner and the delay on his part in completing the project for over two decades, the said request may not be entertained.
11) Mr. Lohia, learned counsel for Petitioner drew our attention to the Order dated 3rd March 2025 passed in Civil Appeal No. 3533 of 2025 of the Hon’ble Supreme Court.
12) In view of the observations made by the Hon’ble Supreme Court vide Order dated 3rd March 2025 passed in Civil Appeal No. 3533 of 2025, the ad-interim relief granted by Order dated 3rd September 2019 is extended by two weeks from today. (KAMAL KHATA, J.) (A.S. GADKARI, J.)