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Prem Siddha Co-Op. Housing Society, ... vs Chief Executive Officer, The Slum ...
2026 Latest Caselaw 1653 Bom

Citation : 2026 Latest Caselaw 1653 Bom
Judgement Date : 13 February, 2026

[Cites 12, Cited by 0]

Bombay High Court

Prem Siddha Co-Op. Housing Society, ... vs Chief Executive Officer, The Slum ... on 13 February, 2026

2026:BHC-OS:4219



                                                                                                                          WP(L)/31810/2025
                                                                                                              Prem Siddha CHS Vs. CEO (SRA)



               Digitally


       JYOTI
               signed by
               JYOTI
               PRAKASH
                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       PRAKASH PAWAR
       PAWAR   Date:
               2026.02.13
               17:30:12
                                         ORDINARY ORIGINAL CIVIL JURISDICTION
               +0530




                                             WRIT PETITION (L) NO. 31810 OF 2025


                1.          Prem Siddha Co-op Housing Society
                            through its Chief Promoter
                            Mr. Dasharath Rajaram Patil
                            Resident of Prem Nagar,
                            B.G. Kher Marg, Worli,
                            Mumbai - 400 018

                2.          Tulja Bhavani Housing
                            Development Pvt. Ltd.
                            Mehta House No. 4, Block No. 5,
                            Bhaijeevanji Lane,
                            Jagnnath Shankarsheth Road,
                            Mumbai - 400 002                                                                 ... Petitioners

                                                      V/s.

                1.          Chief Executive Officer,
                            The Slum Rehabilitation Authority,
                            Having office at Administrative
                            Building, Slum Rehabilitation
                            Authority, Anant Kanekar Marg,
                            Bandra (East) Mumbai-400 051

                2.          The Executive Engineer,
                            Slum Rehabilitation Authority,
                            Having office at Administrative
                            Building, Slum Rehabilitation
                            Authority, Anant Kanekar Marg,
                            Bandra (East) Mumbai-400 051

                                                                        Page 1 of 19
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                                                             Order dated 13th February 2026



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                                                                                     Prem Siddha CHS Vs. CEO (SRA)




3.   Shivkripa Builders & Developers,
     Through its Partners, A partnership
     firm, having its office At 115, Bharat
     Chambers, Baroda Street,
     Mumbai-400009

4.   Indira SRA Co-operative Housing
     Society, through its Chairman, a
     Society duly registered under the
     Provisions of the Maharashtra Co-op.
     Societies Act, 1956, and having its Office
     at Prem Nagar & Siddharth Nagar,
     B.G. Kher Marg, Dr. A.B.Road,
     Worli Naka, Woli, Mumbai-400 018.

5.   M/s. Om Omega Investment and Properties,
     a Partnership Firm, Having office at
     34-B, Jolly Maker Chamber II,
     Nariman Point, Mumbai-400 021.

6.   Suraj M. Sawant
     M/s. Setsquare Project Consultants,
     1/308, Yogeshwar CHS, N.M. Joshi Marg,
     Lower Parel (East), Mumbai-400 013.                                            ... Respondents

                   _______________________________________


Mr. Samir Vaidya a/w Ms. Zainab Khan and Ms. Chandani Gore for the
Petitioners.
Mr. Mayur Khandeparkar a/w Ms Ravleen Sabharwal, Mr. Prakhar Tandon,
Ms. Aarushi Yadav and Mr. Aatish Tayade for Respondent Nos. 1 & 2.
Mr. Virag Tulzapurkar, Senior Advocate a/w Mr. Sanket Mone, Mr. Aditya


                                               Page 2 of 19
                                    -------------------------------------
                                    Order dated 13th February 2026



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                                                                                       Prem Siddha CHS Vs. CEO (SRA)




Shiralkar, Ms. Anchita Nair and Mr. Raghav Taneja i/b. Vidhii Partners for
Respondent No. 3.
Mr. Yash Sinha i/b. Mr. Tushar Goradia for Respondent No. 4
Mr. Arun Panickar for Respondent No. 5.
               _______________________________________

                                                     CORAM : FARHAN P. DUBASH, J.
                                        RESERVED ON : 2nd FEBRUARY 2026
                                     PRONOUNCED ON : 13th FEBRUARY 2026

JUDGEMENT :

-

1. The present Writ Petition invokes the extraordinary jurisdiction

of this Court under Article 226 of the Constitution of India, seeking a writ of

certiotari to quash and set aside the order dated 26 September 2025

(impugned order) passed under Section 13(2) of the Maharashtra Slum

Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Slums Act)

wherein Respondent No.1 - Chief Executive Officer, Slum Rehabilitation

Authority (CEO/SRA), dropped the suo motu proceedings initiated under

Section 13(2) of the Slums Act against the Slum Rehabilitation Scheme (SR

Scheme) being developed by Respondent No. 3.

2. The SR scheme pertains to more than 2270 slum dwellers and

its implementation is stated to have been inordinately delayed for nearly 26

years due to internal disputes between rival groups, resulting in the complete

stalling of the project.

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Order dated 13th February 2026

WP(L)/31810/2025 Prem Siddha CHS Vs. CEO (SRA)

BR IEF CH R ONOLOGY OF EV E NTS

3. In order to appreciate the issues that arise for consideration in

the present Writ Petition, it is necessary to consider, in brief, the factual

backdrop of the matter, as set out hereunder:

A] Petitioner No. 1 is a proposed society of slum

dwellers which is neither a registered co-operative society nor

recognized by the Slum Rehabilitation Authority (SRA). Peti-

tioner No. 2 is a private limited company appointed by Peti-

tioner No. 1 as its developer.

B] The subject land, admeasuring 42,995.22 square

metres and owned by the Municipal Corporation of Greater

Mumbai (MCGM), comprises Cadastral Survey Nos. 20 (part),

32 (part), 33, 25, 41, 65 and 66 of the Worli Division and Plot

Nos. 88 to 104 of Scheme No. 58, Worli, Mumbai (said land).

The said land is stated to be inhabited by more than 2270 slum

dwellers.

C] A portion of the said land admeasuring about

12,500 sq.mtrs comprising of plot nos. 91 to 95 and 100 to 104

is stated to be the leasehold lands of Birla Group Industries

Charitable Trust.

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Order dated 13th February 2026

WP(L)/31810/2025 Prem Siddha CHS Vs. CEO (SRA)

D] Owing to the absence of basic civic amenities, the

slum dwellers formed a Co-Operative Housing Society, namely

Indira SRA Co-operative Housing Society being Respondent No.

4 herein (Indira Society), which is duly registered under the Ma-

harashtra Co-operative Societies Act, 1960.

E] SRA issued a letter of intent dated 31 December

1999 (LOI), sanctioning the SR Scheme comprising Indira Soci-

ety in favour of Respondent No. 3. Accordingly, SRA recognized

Indira Society as the sole and exclusive society of the slum

dwellers on the said land.

F] Pursuant to a Show Cause Notice dated 25 June

2009 issued by the CEO/SRA to Respondent No.3, an order

dated 14 October 2009 came to be passed under Section 13(2)

of the Slums Act (Section 13(2) Order) purporting to terminate

the appointment of Respondent No.3 and appointing Respon-

dent No. 5 as the new developer for the SR Scheme.

G] After several intervening proceedings, Respondent

No. 3 filed an Appeal bearing No. 32 of 2011 challenging the

Section 13(2) Order before the High Powered Committee

(HPC).

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Order dated 13th February 2026

WP(L)/31810/2025 Prem Siddha CHS Vs. CEO (SRA)

H] The HPC dismissed Appeal No. 32 of 2011 vide or-

der dated 18 June 2012, which dismissal was challenged by Re-

spondent No. 3 before this Court in Writ Petition (L) No. 1840 of

2012 which came to be allowed and the matter was remanded

back to the HPC.

of 2011 in favour of Respondent No. 3, setting aside the Section

13(2) Order dated 14 October 2009, on the ground that MCGM,

the owner of the said land, was not heard by the CEO/SRA

before passing the Section 13(2) Order.

J] The present Petitioners challenged the said order

dated 6 March 2014 passed by the HPC in this Court by filing

Writ Petition (L) No. 3016 of 2014.

K] Independently, a faction of slum dwellers claiming

to represent Indira Society also challenged the said order dated

6 March 2014 passed by the HPC in Writ Petition No. 1205 of

2015. In addition, Respondent No. 5 also challenged the said

order dated 6 March 2014 passed by the HPC in Writ Petition

No. 923 of 2015 in this Court.

L] All three Writ Petitions were heard and disposed of

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Order dated 13th February 2026

WP(L)/31810/2025 Prem Siddha CHS Vs. CEO (SRA)

by a common order dated 20 October 2021 that came to be

passed by the Division Bench of this Court (Division Bench

Order) which directed the HPC viz. now the Apex Grievance

Redressal Committee (AGRC) to decide Appeal No. 32 of 2011

on merits and for this purpose, remanded the matter back to

AGRC. However, the Division Bench Order expressly held that

the Petitioners herein had no legal standing or locus standi to

interfere in the SR scheme.

M] The Petitioners herein challenged the Division

Bench Order dated 20 October 2021 before the Supreme Court

in SLP (Civil) No. 5103-5109 of 2022, which came to be

dismissed vide order dated 1 April 2022.

N] The Petitioners herein have also filed Review

Petition before the Division Bench of this Court seeking review

of the Division Bench Order dated 20 October, 2021.

O] On remand, the AGRC passed an order dated 18

July 2022 and allowed Appeal No. 32 of 2011 on merits and set

aside the Section 13(2) Order (AGRC Order). In the AGRC

Order, a conclusive finding has been recorded that Respondent

No. 3 was not responsible for any delay in the implementation of

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Order dated 13th February 2026

WP(L)/31810/2025 Prem Siddha CHS Vs. CEO (SRA)

the SR Scheme. Additionally, the AGRC Order also records a

finding, similar to the one recorded in the Division Bench Order

that the Petitioners herein had no locus standi to interfere in the

SR scheme.

P] In August 2022, the Petitioners herein filed Writ

Petition No. 1706 of 2024 challenging the AGRC Order in this

Court which Writ Petition remains pending till today.

Q] In June 2025, the CEO/SRA had initiated suo motu

proceedings under Section 13(2) of the Slums Act against

Respondent No. 3. These suo motu proceedings came to be

concluded by an order dated 26 September 2025 (impugned

order) which inter alia held that there had been no delay in the

implementation of the SR Scheme on the part of Respondent No.

3. Instead, it was held that the SR Scheme was delayed on

account of inter-sé disputes between Respondent No. 4 and

attempts of a rival developer to stall the project.

4. In these circumstances, the present Writ Petition has been filed

by the Petitioners herein who seek to challenge the impugned order which

inter alia dropped the suo motu proceedings initiated under Section 13(2) of

the Slums Act against Respondent No. 3.

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Order dated 13th February 2026

WP(L)/31810/2025 Prem Siddha CHS Vs. CEO (SRA)

S UBM ISS IO NS OF T HE P ET IT IO NER

5. Mr. Vaidya, learned Counsel appearing on behalf of the

Petitioners submits that the impugned order came to be passed by the

CEO/SRA without issuance of any notice, either to the Petitioners or to Birla

Group Industries Charitable Trust. He vehemently contends that such failure

to afford an opportunity of hearing vitiates the impugned order, rendering it

unsustainable in law, as being in breach of the principles of natural justice

and, consequently, violative of Article 14 of the Constitution of India.

6. He further invites the attention of this Court to the observations

contained in the impugned order, wherein the CEO/SRA has recorded that

the LOI did not survive in view of the order dated 14 October 2013 passed by

the Division Bench of this Court in Writ Petition No. 1762 of 2006. He argues

that, having so held, the initiation of suo motu proceedings and the passing

of the impugned order were wholly impermissible in law and liable to be set

aside.

7. On the Division Bench order dated 20 October 2021, Mr. Vaidya

submits that since his clients have preferred Review Petition (L) No. 15236 of

2022 against the said order which is still pending consideration before the

Division Bench, this Court ought not to be influenced by the Division Bench

order. He therefore submits that this Court ought to interfere in the matter

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Order dated 13th February 2026

WP(L)/31810/2025 Prem Siddha CHS Vs. CEO (SRA)

and grant urgent reliefs.

8. Per contra, Mr. Tulzapurkar, learned Senior Counsel who appears

on behalf of Respondent No. 3 has vehemently opposed the present Writ

Petition. At the outset, he submits that ex-facie the same is not maintainable.

He is at pains to point out that the Division Bench Order has conclusively

held that the Petitioners lack locus standi to file and maintain any

proceedings in respect of the SR scheme and they do not possess any legal

standing to interfere with its implementation or otherwise.

9. Mr. Tulzapurkar submits that a judgment continues to be binding

and operative, notwithstanding the pendency of review proceedings that may

have been preferred against it unless and until, it is reviewed or set aside. In

support of this contention, reliance is placed on the decision of the Supreme

Court in Union Territory of Ladakh and others V/s. Jammu and Kashmir

National Conference1 and Reliance Industries Limited V/s. Vijayan A 2. He

therefore submits that the present Writ Petition ought to be dismissed at the

very threshold itself as not being maintainable at the hands of the Petitioners

herein.

1 (2024) 18 SCC 643 2 Order dated 7 November 2022 passed by the Supreme Court in Contempt Petition (C) No. 570 of 2022 in Criminal Appeal No. 1167 of 2022

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Order dated 13th February 2026

WP(L)/31810/2025 Prem Siddha CHS Vs. CEO (SRA)

S UBM ISS IO NS OF R ES P ONDE NT NOS . 1 & 2

10. Mr. Khandeparkar, learned Counsel who appears on behalf of

Respondent Nos. 1 and 2 supports the submissions made by Mr. Tulzapurkar.

In addition, he submits that the CEO/SRA was justified in not issuing any

notice to the Petitioners in respect of the suo motu proceedings initiated

under Section 13(2) of the Slums Act since such an enquiry is confined only

to the slum society recognised by the SRA and the developer appointed

pursuant to the letter of intent issued by the CEO/SRA. In the present case,

he submits, Respondent No. 4 has been recognised as the slum society by the

SRA and, therefore, there was neither any legal requirement nor occasion to

issue notice of the said proceedings to the Petitioners.

11. As regards the challenge to the jurisdiction and authority of the

CEO/SRA to initiate suo motu proceedings, Mr. Khandeparkar submits that

the provisions of Section 13(2) of the Slums Act empowers the CEO/SRA to

initiate suo motu proceedings inter alia on account of any delay in the

implementation of the SR scheme approved and sanctioned by the SRA. In

the present case, he states, as CEO/SRA initially felt that there was such

delay which needed to be explained, the said notice came to be issued to the

Respondent Nos. 3 and 4 in order to ascertain the factual position regarding

the progress of the SR scheme.

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Order dated 13th February 2026

WP(L)/31810/2025 Prem Siddha CHS Vs. CEO (SRA)

12. Mr. Khandeparkar further submits that, upon consideration of

the material placed on record by Respondent Nos. 3 and 4 during the hearing

of the suo motu proceedings, the CEO/SRA has recorded a finding that

Respondent No. 3 was not responsible for the delay in implementation of the

SR Scheme and the delay was attributable primarily due to inter-sé disputes

between Respondent No. 4 and attempts of a rival developer to stall the

project. Consequently, the impugned order came to be passed wherein, the

CEO/SRA dropped the said proceedings initiated under Section 13(2) of the

Slums Act. Accordingly, he submits that the impugned order does not suffer

from any infirmity and merit any challenge. He therefore seeks dismissal of

the present Writ Petition.

RE AS ONS , ANALYS IS & F IN DIN GS

13. I have considered the submissions advanced by the parties. I

have also perused the record with their assistance. The issue of

maintainability of present Writ Petition is required to be considered at the

threshold. On this issue, I find merit in the submissions advanced by the

Respondents. In my considered opinion, the Division Bench Order has

conclusively adjudicated upon and determined that the Petitioners, being

merely a proposed society without registration under the Maharashtra Co-

operative Societies Act, 1960, do not possess the requisite locus standi to

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Order dated 13th February 2026

WP(L)/31810/2025 Prem Siddha CHS Vs. CEO (SRA)

interfere with the implementation of the SR scheme. For the sake of

convenience, the relevant paras of the said Division Bench are reproduced

hereunder -

"53. In so far the two writ petitions filed by Prem Siddha are concerned, i.e., Writ Petition No.2421 of 2016 and Writ Petition No.396 of 2020, we are of the view that we should not entertain the said two writ petitions as Prem Siddha itself has declared that it is a proposed society and not yet registered under the Maharashtra Co-operative Societies Act, 1960.

54. In both the writ petitions, Prem Siddha is accompanied by Tuljabhavani Housing Development Private Limited as the co-petitioner, stating that Tuljabhavani is a private limited company incorporated under the Companies Act, 1956 and the developer of Prem Siddha. In so far Prem Siddha is concerned, it is stated that it is the proposed slum society and is represented by its Chief Promoter - Dashrath Rajaram Patil. Who is Dashrath Rajaram Patil and how is he connected to the slum area or the scheme have not been disclosed. Prem Siddha in fact has not disclosed who are its members and as to whether it has sought for registration from the competent authority under the Maharashtra Cooperative Societies Act, 1960. It has also not pleaded that it has the support of 70% of the eligible slum-dwellers.

55. In Nirbhay Co-operative Housing Society Limited (supra), a Division Bench of this Court had taken the view that once SRA recognizes a society as the society for the purpose of development of the scheme, in the absence of the said society having any right or recognition, it would not be possible to entertain the writ petition at the instance of the proposed society unless the recognized society is derecognized by SRA. This position has been reiterated in Gulam Hyder (supra) holding that once a society is registered, it will not be open for another proposed society to move the Court until the registration of the other society is cancelled by the competent authority. Supreme Court while disposing of S.L.P. (C) No.14784 / 2011, Ekta (Estate) Sahakari Griha Nirman Sanstha Vs. MCGM, decided on 19.05.2011, had looked into the provisions of Maharashtra Co-operative Societies Act, 1960, more particularly section 36 thereof, and held that a society can sue after its registration. It was further held that if a society is a registered society, it can maintain a writ petition.

56. In Awdesh Vasistha Tiwari Vs. Chief Executive Officer, (2006) 4 Mh.L.J. 282, a Division Bench of this Court considered DCR 33(10) of the Development Control Regulations of Greater Mumbai, 1991 and held that

-------------------------------------

Order dated 13th February 2026

WP(L)/31810/2025 Prem Siddha CHS Vs. CEO (SRA)

if 70% of the slum-dwellers on a particular area come together and apply after formation of proposed co-operative housing society, the said application has to be independently considered in accordance with law. The scheme does not contemplate simultaneous consideration of such an application made by a proposed society with an application subsequently made by another proposed society relating to the same land. The applicant society has to have 70% support which obviously two societies cannot have. The application received first is to be processed first independently. If it fails to get 70% support, the second application can be considered. The obvious intention is to avoid unhealthy competition between different builders who are interested in supporting such societies. It was held as follows:-

'20. If the entire scheme under Regulation 33(10) is perused it is obvious that if 70% of the slum dwellers on a particular area come together and apply after formation of proposed cooperative housing society, the said application has to be independently considered in accordance with law. The scheme does not contemplate simultaneous consideration of such an application made by a proposed society with an Application subsequently made by another proposed society relating to same land. The Applicant-society has to have 70% support which obviously two societies cannot have. The Application received first is to be processed first independently. If it fails to get 70% support, Second Application can be examined. The obvious intention is to avoid unhealthy competition between the different builders who are interested in supporting such societies. If such a course of simultaneous consideration is permitted to be adopted, unscrupulous persons and builders will try to win over the hutment dwellers who have supported the application made earlier by another society. Therefore, it is not desirable that an application which is earlier made and the one which is subsequently filed should be considered together. That is not the scheme provided under D.C. Regulation 33(10). It is necessary that the application which is first received in respect of a particular property by the SRA should be processed and decided first. After decision of the first Application, the second Application made by another society can be considered depending on the result of the first Application. The reason is that none of the societies have any right, title and interest in respect of the property. Such a course will prevents the unhealthy competition between the builders or between the leaders of two groups in a slum area.'

57. In the light of the above, we are not inclined to entertain the above two writ petitions filed by Prem Siddha. Those are accordingly dismissed."

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Order dated 13th February 2026

WP(L)/31810/2025 Prem Siddha CHS Vs. CEO (SRA)

14. A perusal of the Division Bench Order makes it evident and

leaves no doubt that the Petitioners lack the requisite locus standi to

maintain the present Writ Petition, in which they seek to challenge the very

same SR scheme that was the subject matter of challenge before it. There are

no changed circumstances pointed out to me by Mr. Vaidya who is unable to

distinguish the Division Bench Order and/or satisfy me as to why the same

does not apply to his clients today and/or how the present Writ Petition is

maintainable at their hands save and except for pointing out that a Review

Petition has been filed against such order and hence, the same ought not to

be relied upon.

15. In Nirbhay Co-operative Housing Society Limited & Anr. v. Slum

Rehabilitation Authority and Ors.3 that has also been relied upon in the

Division Bench Order extracted above, it has decisively been that in the

context of a slum rehabilitation scheme, once a co-operative society is duly

registered, no other proposed society purporting to represent a section of the

members can claim any right of representation in respect of the scheme,

unless and until the registered society is de-registered in accordance with the

provisions of the Maharashtra Co-operative Societies Act, 1960. In the

present case, even today, Petitioner No. 1 is admittedly only a proposed

society and does not enjoy the status of a registered co-operative society. 3 Order dated 17 June 2004 passed by the Bombay High Court in WP (L) 1112 of 2004

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WP(L)/31810/2025 Prem Siddha CHS Vs. CEO (SRA)

Consequently, it cannot purport to represent the members or any section

thereof in respect of the SR Scheme. Thus, as held in the Division Bench

Order, it lacks locus standi to challenge any steps/orders passed in relation to

the SR Scheme.

16. The next point that arises for my consideration is whether the

CEO/SRA possessed the jurisdiction and authority to initiate suo motu

proceedings under Section 13(2) of the Slums Act. In order to do that, it

would be advantageous to reproduce the contents of the said section, which

is hereunder :

"13(2) Where on declaration of any land as Slum Rehabilitation Area, the Chief Executive Officer is satisfied that, the land in the Slum Rehabilitation Area has been or is being developed by the owners, landholders or occupants or developers in contravention of the plans duly approved, or any restrictions or conditions imposed under sub-section (10) of Section 12, or in contravention of any provision of any Slum Rehabilitation Scheme or any condition specified in the approval or has not been developed within the time, as specified under such conditions of approval, he may, by order, determine to develop the land declared as Slum Rehabilitation Area by entrusting it to any agency or the other developer recognized by him for the purpose."

17. A plain reading of this provision reveals that the CEO/SRA is

empowered to take appropriate action, inter alia, in cases where there is

delay in the implementation of a SR scheme approved and sanctioned by the

SRA. In the present case, notice under Section 13(2) of the Slums Act was

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Order dated 13th February 2026

WP(L)/31810/2025 Prem Siddha CHS Vs. CEO (SRA)

issued for ascertaining (the reasons for) the delay in implementation of the

SR Scheme registered with the SRA. The initiation of such proceedings was

therefore, well within the statutory competence of the CEO/SRA. As a result,

the submission advanced by Mr. Vaidya on behalf of the Petitioners that the

suo motu proceedings initiated by the CEO/SRA were without authority of

law cannot be accepted. At the stage of initiation of the said suo motu

proceedings, notice was issued to Respondent No. 4, being the society

recognized and registered with the SRA and to Respondent No. 3, being the

developer appointed in respect of the SR Scheme. The Petitioners are neither

a registered society nor recognised by the SRA in respect of the SR Scheme.

Thus, in the absence of any legal standing in relation to the SR Scheme, I am

of the view that no obligation arose to issue notice to the Petitioners under

Section 13(2) of the Slums Act.

18. Moreover, it is rather strange that the Petitioners are aggrieved

by the impugned order which concludes and terminates the suo motu

proceedings initiated by the CEO/SRA when, [in Ground (e) in the present

Writ Petition] they have themselves sought to challenge his jurisdiction and

authority to initiate such proceedings under Section 13(2) of the Slums Act

in the first place. Hence, the Petitioners cannot claim to be aggrieved and/or

prejudiced by the impugned order.

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Order dated 13th February 2026

WP(L)/31810/2025 Prem Siddha CHS Vs. CEO (SRA)

19. Lastly, the submission made by Mr. Vaidya that the Division

Bench Order ought not to be followed on account of the pendency of a

Review Petition challenging the said order cannot be accepted. It is a settled

position in law that a judgment or order continues to be binding and

operative even during the pendency of review proceedings, unless it is

stayed, reviewed, or set aside by a competent court. In Jammu and Kashmir

National Conference (supra), the Supreme Court has categorically held that

the mere pendency of a Review Petition does not dilute the binding effect of

the judgment under review. Further, in Reliance Industries Limited (supra),

the Supreme Court has further clarified that the pendency of a stay

application in a Review Petition cannot, by itself, furnish a ground, either to

grant a stay or to decline compliance with directions issued by the court and

in the absence of any express order staying the operation of the judgment,

the same continues to bind all concerned. In view thereof, the submission

advanced by Mr. Vaidya is rejected.

20. For all the aforesaid reasons, I am satisfied that the present Writ

Petition is devoid of merits and constitutes a clear obstruction to the

implementation of the SR Scheme which is a duly sanctioned scheme

intended to benefit approximately 2270 slum dwellers. Entertaining frivolous

Petitions of this nature, repeatedly instituted over extended periods by a rival

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Order dated 13th February 2026

WP(L)/31810/2025 Prem Siddha CHS Vs. CEO (SRA)

group lacking locus standi, has serious consequences and directly prejudices

the beneficiaries for whose benefit such schemes are formulated. The present

Writ Petition also does not raise any substantial question of law warranting

interference under Article 226 of the Constitution of India. The present Writ

Petition therefore, fails and is liable to be dismissed.

21. Accordingly, the following order is passed:

:: ORDER ::

(a) The present Writ Petition is hereby dismissed.

            (b)        There shall be no order as to costs.



                                                                              (FARHAN P. DUBASH, J.)



22. After the judgment was pronounced, Ms. Zainab Khan, learned

Counsel who appears on behalf of the Petitioner seeks a stay of this order.

Considering the findings recorded in this order, request is rejected.

(FARHAN P. DUBASH, J.)

Ajay Jadhav WP(L)/31810/2025

-------------------------------------

Order dated 13th February 2026

 
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