1 705.10-nmw bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.705 OF 2010 IN WRIT PETITION NO.1162 OF 2010 M/s.Balaji Developers & Anr. ..Petitioners Vs. State of Maharashtra & Ors. ..Respondents And M/s.Siddhant Developers ..Applicant Mr.S.K.Srivastava i/b. S.K.Srivastava & Co. for petitioners. Ms.Jyoti Chavan for respondent No.3 Mr.A.S.Apte i/b. S.A.Abhayankar for applicant in support. CORAM : D.K.DESHMUKH & N.D.DESHPANDE,JJ. DATE : DECEMBER 23, 2010 P.C. This Notice of Motion seeks the order of setting aside the order dated 18th October, 2010 passed in Writ Petition No.1162 of 2010. That order passed by consent of parties is in relation to sale of property by Trust who admittedly is the owner of the land. The petitioner claims to be a builder appointed by the occupants. The occupants have challenged the order passed by the authorities under the Slum Act canceling their earlier order declaring the land as a slum. Even assuming that the property is declared as a slum, still the property can be sold by the owner. Therefore, the so called slum dwellers or a builder approved by them will not have any say in the matter of sale of the property by the Trust who admittedly is the owner of the property. 2 705.10-nmw 2. The present motion is taken out by a person who claims that he has been appointed as a developer by the slum dwellers. Really speaking, if today property is not a slum, the slum dwellers have no right to take any decision in relation to the development of the property and therefore, in our opinion, the applicant who has taken out this motion has no locus and no say in the matter because he does not have any status in relation to the property. The motion is totally mis-conceived, therefore, rejected. (N.D.DESHPANDE,J.) (D.K.DESHMUKH,J.)