Bombay High Court
High Court On Its Own Motion vs State Of Maharashtra Through ... on 16 August, 2024
Author: G.S. Kulkarni
Bench: G.S. Kulkarni
901.SMWP.1.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUO MOTO WRIT PETITION NO.1 OF 2024
IN RE : PERFORMANCE OF AUDIT OF THE ...Petitioner
MAHARASHTRA SLUM AREAS (IMPROVEMENT,
CLEARANCE AND REDEVELOPMENT) ACT, 1971.
Versus
The State of Maharashtra & Ors. ...Respondents
Ms. Gayatri Singh, Senior Advocate a/w Ms Sanjot Shirsath for
Slum Dwellers, namely, 1. Mumbai Rahivasi Mahasangh,
2. Paschim Upnagar Rahivasi Mahasangh, 3. Bhadekaru Kruti
Samiti (An umbrella organization of slum dwellers),
4. Shramik Janata Sangh, Regd No. 5073, 5. Jan Haqq
Sangharsh Samiti, 6. Hussain Indorewala, Asst. Professor
Vidyanidhi Insitutue of Architecture & Envoronment Studies,
7. Simpreet Singh, Researcher, 8. Park Site Self Development
Andolan, 8. Niwara Abhiyan, Mumbai.for the Petitioner.
Mr. B.B. Tiwari i/b. B.B.T. Legal for Budhpur Buildcon Pvt.
Ltd.
PRASHANT Ms Shweta Patankar for Respondent No.7-BMC.
VILAS
RANE
Digitally signed
by PRASHANT
VILAS RANE Mr. Santosh Pathak a/w. Chirag Thakkar i/b. Laworigin For
Date: 2024.08.16
20:23:56 +0530
Intervener (D.G.S.Devlopers).
Dr. Birendra Saraf, AG a/w. Smt. Jyoti Chavan, Addl.G.P., Mr.
Chirag Shah, Spl.Counsel, Mr. Vikrant Parshuraami, AGP, Mr.
Vaibhav Charalwar, 'B' Panel Counsel & Mr. Jay Sankelcha, 'B'
Panel Counsel for State.
Mr. Rajiv Kumar, Senior Advocate a/w. Ms Sheetal Kumar &
K.G. Munshi for Private Land Owners.
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Mr. Vishal Acharya for Prerna Sahakari Grihnirman Sanstha.
Mr. Sahil Mahajan for Adarsh Sahakari Grihnirman Sanstha on
behalf of Slum Dwellers.
Mr. Sanjeev Chimbulkar, Chairman, Mumbai Bhadekaru
Sangh.
Mr. Nitesh Acharya for SRA Bar Association.
Mr. Altaf Khan for Slum Dwellers (Abdul Samad Maknojia)
Mrs. Jasmine Kachliya, Mr. Aryan Srivastava i/b. Wadia
Ghandy & Co. for NAREDCO.
Mr. Sagar Batavia for Slum Dwellers.
Mr. Vidnyan Daware for SRA Aani Punarvasan Zopdidharak
Sena.
Mr. Ayaaz Fazulbhoy for Private Landowers.
Ms Indu Preshant for Slum Developrs Association in proposed
interim application.
Mr. R.P. Shirole i/b. Mr. Vishal Hegde for Slum Dwellers.
Mr. Mayur Khandeparkar a/w. Samit Shukla, Siddharth Shah,
Masira Shaikh i/b. DSK Legal for Intervenors/Applicants in
IAL/25664/2024.
Mr. Nilesh Gala a/w. Maish Gala, Mithil Sampat i/b.Rera
Practitioner Welfare Association.
Ms Sayali Apte i/b. Mr. P.G. Lad for Respondent-MHADA.
Mr. Umesh Badkhe, Executive Engineer for SRA.
Ms. Anita Thakkar, Law Officer, SRA.
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CORAM : G.S. KULKARNI &
SOMASEKHAR SUNDARESAN, JJ.
DATE : AUGUST 16, 2024
P. C.
1. In pursuance of the directions of the Supreme Court in Yash
Developers vs. Harihar Krupa Co-operative Housing Society Limited &
Ors. (Civil Appeal No.8127 of 2024 arising out of SLP (C) No.20844
of 2022), the Hon'ble the Chief Justice was pleased to constitute the
present Bench to address the issues on the 'performance audit', of The
Maharashtra Slum Areas (Improvement, Clearance and
Redevelopment) Act, 1971.
2. Today is the first listing of the proceedings. Briefly we have
heard Dr. Birendra Saraf, learned advocate general representing the
State of Maharashtra as also the Slum Rehabilitation Authority, Ms
Gayatri Singh, learned senior advocate appearing for a body of the
slum dwellers, Mr. Mayur Khandeparkar, learned counsel appearing
for the CREDAI-MCHI, Ms. Shweta Patankar, learned Advocate for
Respondent No.7-BMC. Also there are other learned counsel who
have represented the developers, land owners and slum dwellers, the
SRA Bar Association, the RERA Practitioners Association whose
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appearances we have already noted.
3. We have broadly discussed the issues which would fall for
consideration of the Court in terms of the observations of the
Supreme Court in Yash Developers (supra) and more particularly, as
observed in Paragraph Nos.34 & 42 of the said judgment. As there is
nothing adversarial in the present proceedings, learned counsel
representing the different stakeholders have fairly stated that they
would assist the Court by filing their respective affidavits setting out
the suggestions/ propositions, so as to identify multitude of
challenges and problems, in relation to the redevelopment of slums,
and more particularly the nine issues as highlighted by the Supreme
Court in Paragraph No.34 of the said judgment, so as to achieve the
object of the legislation, which is to completely eradicate slums by
providing a decent living to our brother and sister citizens, who are
living in slums, and to achieve a vision of a slum free city.
4. Let the respective affidavits with the propositions as annexed
thereto be placed on record on or before 18 th September, 2024. As
observed by the Supreme Court in Paragraph 42, we also appoint Mr.
Darius Khambata and Mr. Sharan Jagtiani, learned senior advocates
of this Court as also Ms. Naira Jejeebhoy, advocate, as the Amici
Curiae.
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5. We would request the learned counsel appearing for all the
parties to forward copies of the affidavits and the propositions they
intend to file to Mr. Samir Shukla, Advocate, who would receive all
such affidavits/propositions which are then to be forwarded to the
learned Amici.
6. Stand over to 20th September, 2024 on the Supplementary
Board.
[SOMASEKHAR SUNDARESAN, J.] [G.S. KULKARNI, J.]
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