[Cites 4, Cited by 0]
Bombay High Court
Ankush Ove vs The State Government Of Maharashtra ... on 6 April, 2026
Author: S. M. Modak
Bench: M. S. Karnik, S. M. Modak
2026:BHC-OS:8190-DB
Bhogale 27.wpl-37470-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.37470 OF 2025
Ankush Ove ... Petitioner
Versus
The State Government of Maharashtra
and anr. .... Respondents
****
Adv. Rajesh Kachare a/w Adv. Pradeep Gole, Adv. Aliasgar Bengali
i/b. Adv. Santosh M. Suryawanshi, for the petitioner.
Smt. Madhura Deshmukh, AGP, for the respondent-State.
****
CORAM : M. S. KARNIK &
S. M. MODAK, JJ.
DATE : 6th APRIL, 2026
P.C. :
1. Heard learned counsel for the parties.
2. By this petition the petitioner prays for the following
relief :-
"(a) That a writ in the nature of mandamus, and/or any
other writ/order/direction, which directs the Respondent
No.2 to accept and act upon the Appeal Memo and to decide
on its own merits within the time frame, while giving the
Petitioner a fair opportunity of hearing."
3. It is the grievance of the petitioner that the Additional
Collector is not accepting the filing of the appeal under Section 35
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of the Maharashtra Slum Areas (Improvement, Clearance and
Redevelopment) Act, 1971 ("Slum Act, for short) which the
petitioner wants to prefer against the order dated 25/09/2025
passed by the Deputy Collector which is at page 79 of the paper-
book.
4. Learned counsel for the respondent No.2 submitted that
since the impugned order was not passed at the behest of the
present petitioner but the same was at the behest of some other
person, the petitioner cannot be said to be an aggrieved person.
In such circumstances, it is not open for the petitioner to prefer an
appeal under Section 35 of the Slum Act.
5. We find that the order which is impugned in the appeal to
be preferred before the Additional Collector is passed under
Section 33 of the Slum Act. The appeal which the petitioner wants
to file is under Section 35 of the Slum Act. The appeal memo is at
page 83 of the paper-book. We fail to understand as to why the
Additional Collector should refuse acceptance of the appeal. Upon
acceptance of the appeal if the Additional Collector finds that the
appeal is not maintainable for any reason, it is for the Additional
Bhogale 27.wpl-37470-2025.odt
Collector to pass appropriate orders. However, having regard to
the fact that the Deputy Collector has passed the order under
Section 33 of the Slum Act, refusal to even accept the appeal by
the Additional Collector is unjustified. It appears that the
Additional Collector has refused to accept the filing of the appeal
as the application under Section 33 of the Slum Act was made by
some other person who claim to be in occupation of the structure.
6. Even the petitioner claims an entitlement of the said
structure. These are matters which can be gone into by the
Additional Collector when the appeal is heard. Section 35 of the
Slum Act reads thus :-
"35. Appeals.
(1) Except as otherwise expressly provided in this Act, any
person aggrieved by any notice, order or direction issued or
given by the Competent Authority, may appeal to the
Appellate Authority, who shall be a person holding a post not
below the rank of Additional Collector, in respect of the areas
of Municipal Corporations and "A" Class Municipal Councils,
and not below the rank of Deputy Collector, in respect of areas
of other Municipal Councils, to be notified by the State
Government, within a period of thirty days from the date of
issue of such notice, order or direction.
(1A) Any person,-
(a) aggrieved by any notice, order or direction issued or
given by the Appellate Authority under sub-section (1), may
file an appeal within a period of thirty days from the date of
receipt of such notice, order or direction, before the Grievance
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Redressal Committee;
(b) aggrieved by any notice, direction, circular, decision,
order, permission or approval issued or given by the Chief
Executive Officer of Slum Rehabilitation Authority or any
Officer to whom the powers are delegated by the Chief
Executive Officer, may file an appeal within thirty days of
receipt of such notice, direction, circular, decision, order,
permission or approval, before the Apex Grievance Redressal
Committee.
(2) Every appeal under this Act shall be made by petition in
writing accompanied by a copy of the notice, order or
direction appealed against.
(3) Any appeal shall not operate as a stay order appealed
from except so far as the Appellate Authority may grant by
reasoned order, nor shall execution of any order be stayed by
reason only of an appeal having been preferred from, but the
Appellate Authority may for sufficient cause order stay of
execution of such order and if the notice, order or direction
against which appeal is made and is set aside by Appellate
Authority on an appeal disobedience thereto shall not be
deemed to be an offence.
(4) No appeal shall be decided under this section unless the
appellant had been heard or has had a reasonable opportunity
of being heard in person or through a legal practitioner.
(5) The decision of the Grievance Redressal Committee and
the Apex Grievance Redressal Committee on appeal shall be
final and shall not be questioned in any court."
7. Sub-section (1) of Section 35 clearly stipulates that any
person aggrieved by any order by the Competent Authority may
appeal to the Appellate Authority. Since the petitioner claims that
he is aggrieved by the order passed under Section 33 of the Slum
Act, it is always open for the petitioner to prefer an appeal under
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Section 35 of the Slum Act. Upon such appeal being preferred, it is
for the Appellate Authority to consider the objections raised on its
own merits and in accordance with law.
8. We direct that the appeal which is at page 83 of the
paper-book be accepted for filing by the respondent No.2. If the
appeal is preferred within a period of two weeks from today, the
same shall be decided on its own merits and in accordance with
law expeditiously and the same shall not be dismissed in the
context of limitation.
9. All contentions are kept open.
10. The writ petition is disposed of.
(S. M. MODAK, J.) (M. S. KARNIK, J.)
Signed by: Pradnya Bhogale
Designation: PA To Honourable Judge
