1 MSS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 5530 OF 2005 HIRAJI DHONDIBA KHARATMO & ORS. PETITIONERS Vs. CELINA NICHOLAS FERROW & ORS. .. RESPONDENTS Mr. L.S. Gaikwad for petitioners Mr. R.D. Misra for R-1 & 2. Mr. Y. D. Mulani, AGP CORAM: SMT. RANJANA DESAI SMT. R. S. DALVI,JJ. DATE: NOVEMBER 19,2007. P.C. . In this petition, the petitioners have challenged order dated 27/1/04 passed by respondent 3 in Appeal No. 28 of 2003. The petitioners are residents of a property known as Nicholas Ferrow Chawl, situated in C.T.S. No. 579 and 579/1 of village Naupada Taluka Kurla. Admittedly the property in question was declared to be a slum by the Deputy Collector (ENC.) and Competent Authority Kurla III on 30/8/1977. 2 2. It appears that when the slum declaration was made the owners of the property were not noticed. They were not heard and when the declaration was set aside the owner’s grievance was heard but the occupiers were not noticed. By the impugned order the matter is remanded to the competent authority for a fresh enquiry. 3. The Competent Authority is directed to issue show cause notices to all concerned. The Competent Authority is directed to give adequate opportunity of hearing to all concerned. The parties are also permitted to produce evidence. The competent authority is directed to then pass speaking order. 4. In our opinion, the impugned order is just and proper. It directs that all concerned be heard and they may be permitted to adduce evidence. Competent Authority is directed to thereafter pass a speaking order. In our opinion, no case is made out for interference with such order in writ jurisdiction. Writ Petition is disposed of. Needless to say that ad-interim order stands vacated. We, however, keep all contentions of the parties open. JUDGE 3 JUDGE