Bombay High Court
Shridhar Narayan Shelar And Anr vs The Chief Executive Officer Sra And 4 Ors on 5 March, 2024
Author: Sandeep V. Marne
Bench: Sandeep V. Marne
2024:BHC-OS:3673
kishor 906 WP 1134 of 2023 (OS).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1134 OF 2023
Shridhar Narayan Shelar & Anr. ...Petitioner
Versus
The Chief Executive Officer SRA & 4 Ors. ...Respondents
....
Mr. Y. E. Mooman, i/b. Ms. Manisha B. Gawde, for Petitioner.
Ms. Pushplata N. Diwan, for SRA, Respondent No.1.
Mr. Jeet Gandhi, a/w. Mr. Rahul Arora, Mr. Vicky Pohuja & Mr. Akash
Gupta, for Respondent No.2.
Ms. Akanksha Patil, a/w. Mr. Dipesh Yadav i/b. Narayanan & Narayanan, for
Respondent No.3.
....
CORAM : SANDEEP V. MARNE, J.
DATED : 05 MARCH 2024.
P. C. :
By this petition two Petitioners, who are declared ineligible in the
Slum Rehabilitation Scheme (SRS) are challenging the Order dated 30
September 2021 passed by the President of Maharashtra Slum Areas (I.C. &
R.) Tribunal and Special Tribunal, Mumbai (Slum Tribunal) rejecting the
application for condonation of delay in filing the Appeal. In their Appeal,
Appellants had challenged notification dated 27 November 2013 issued in
respect of the land bearing C.S. No.12/124 admeasuring 914.11 sq. mtrs. in
05 March 2024
kishor 906 WP 1134 of 2023 (OS).doc
Parel Shevree Division as 'Slum Rehabilitation Area' under Section 3C(1) of
the Maharashtra Slum Areas (Improvement, Clearance And Redevelopment)
Act, 1971(Slum Act).
2. It appears that the Petitioners had earlier challenged Order dated
09 January 2012 and notification dated 19 April 2012 declaring the plot as
Slum Rehabilitation Area by filing Appeal No.27 of 2012. The Appeal was
allowed by Judgment and Order dated 13 August 2012 and the matter was
remanded to the Chief Executive Officer, SRA for grant of opportunity of
hearing to all concerned persons and to decide the issue afresh by passing
speaking order. It is Petitioners' case that after passing of Order dated 13
August 2012 by the Slum Tribunal, Petitioners did not receive any notice in
respect of proceedings conducted afresh by the Tribunal. That they acquired
knowledge about the issuance of notification dated 27 November 2013 for
the first time on 05 January 2018 and that they lodged their Appeal
challenging notification in November 2018. On this ground, Application was
filed for condonation of delay of 1521 days in filing the Appeal before the
Slum Tribunal. By Order impugned in the present petition, the Tribunal
proceeded to dismiss the Application for condonation of delay filed by the
Petitioners. Aggrieved by the decision of the Tribunal, Petitioners have filed
the present petition.
3. I have heard Mr. Mooman, the learned counsel appearing for
Petitioner, Mr. Gandhi, the learned counsel appearing for Respondent No.2,
Ms. Patil, the learned counsel appearing for Respondent No.3 and Ms.
Diwan, the learned counsel appearing for SRA.
05 March 2024
kishor 906 WP 1134 of 2023 (OS).doc
4. The impugned notification was issued by SRA on 27 November
2013 and the same was sought to be challenged by the Petitioner after delay of
1521 days by filing an Appeal before the Slum Tribunal. Petitioners feign
ignorance of notification dated 24 November 2013 and contend that they
acquired knowledge about the notification for the first time in January 2018.
However this contention of the Petitioners is belied by the fact that the public
notification was pasted on the conspicuous place of the society and Petitioners
did not deny before the Slum Tribunal in the rejoinder filed by them that
such notification was indeed pasted at the conspicuous place of the society on
24 October 2013. Petitioners who were diligently challenging earlier
notification dated 19 April 2012 ought to have immediately challenged the
subsequent notification dated 27 November 2013 within a reasonable time.
5. Another factor which clearly goes against the Petitioners is the
fact that after issuance of notification dated 27 November 2013, several
structure occupiers started vacating their premises. There were originally 66
hutments on the plot and several of them started vacating their structures after
issuance of the notification dated 27 November 2013. It is therefore difficult
to believe that the Petitioners were totally oblivious about implementation of
the SRS on the plot and about issuance of notification dated 27 November
2013.
6. It appears that as of today the development on the plot has
substantially progressed. As of now, 23 storied building is standing on the
plot, in respect of which full occupancy certificate is issued on 23 February
2023. The earlier structure occupiers have already shifted in the building.
05 March 2024
kishor 906 WP 1134 of 2023 (OS).doc
Petitioners are held ineligible and it appears that they have not received
Permanent Alternate Accommodation. This appears to be one of the reasons
why Petitioners have been agitating about implementation of SRS on the
concerned plot.
7. It would be too late a day to now permit Petitioners to prosecute
their Appeal in which the notification dated 27 November 2013 was
challenged. The delay in filing Appeal before the Slum Tribunal was
inordinate and no proper explanation was offered for condonation of delay.
No serious error can be noticed in the Order passed by the Slum Tribunal.
Writ Petition, being devoid of merits, is dismissed with no order as to costs.
SANDEEP V. MARNE, J.
KISHOR by KISHOR
VISHNU
VISHNU KAMBLE
KAMBLE Date: 2024.03.06
14:40:02 +0530
05 March 2024
