AJN 21-OS-WP469.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.469 OF 2011 M/s. Nivara Builders & Developers. ... Petitioner Vs. Slum Rehabilitation Authority & Ors. ... Respondents Mr. V.S. Kapse and Mr. Abhijit Rane for the petitioner. Mr. B.V. Phadnis i/b Mr. Utangale for respondent 1. Mr. J.S. Saluja, A.G.P. for respondents 2, 18 and 19. Mr. Kunal Bhange for respondents 3, 10 and 12 to 17. CORAM: MRS. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 21ST APRIL, 2011. P.C.:- 1. The petitioner is a builder and developer in respect of a slum rehabilitation scheme at CTS No.2105 of village Vile Parle (E), Mumbai (for short “the said plot”). The said plot is situated on the boundary of Western Express AJN 21-OS-WP469.11 2 Highway at Andheri (E). The grievance of the petitioner, in short, is that respondent 3 to 17 are not vacating the structures occupied by them. They want to stall the development project. The petitioner has prayed that a direction be issued to respondents 1, 2 and 18 to take immediate steps/action against respondents 3 to 17 to vacate or to evict them from their respective premises situated on the said plot. 2. We have heard learned counsel for the parties. Learned counsel for the petitioner submits that out of respondents 3 to 17 respondents 3, 4, 6, 9, 12, 13 and 15 are eligible occupants and the petitioner is prepared to give them permanent accommodation on the said plot. In case they shift elsewhere the petitioner is prepared to give them monthly compensation at par with other occupants who have already left the said plot. 3. Counsel submitted that respondent 11 has already vacated the structure and handed it over to the petitioner. AJN 21-OS-WP469.11 3 He seeks permission to delete name of respondent 11 from this petition. Permission granted. Respondent 11 may be deleted from this petition. 4. Counsel has drawn our attention to Section 33 of the Maharashtra Slum Area (Improvement, Clearance and Redevelopment) Act, 1971 (for short “the Slum Act”). Section 33 thereof provides for power of eviction to be exercised only by the Competent Authority i.e. the Collector, Mumbai Suburban District, who has now been added as a party respondent to this petition. So far as those occupants who are declared as not eligible, action will have to be initiated as per Section 33 of the Slum Act. So far as those occupants who are declared to be eligible hutment dwellers and who are not vacating their structures and not joining the project willingly, a procedure is provided under clause 1.16 of Appendix IV of the Development Control Regulations for Greater Mumbai, 1991 to deal with them. That procedure will have to be followed to evict the eligible slum dwellers who are refusing to vacate their AJN 21-OS-WP469.11 4 structures. 5. We must repeat that counsel for the petitioner has made a statement on behalf of the petitioner that so far as eligible occupants are concerned, the petitioner is willing to give them permanent accommodation if they vacate the premises, and till such time the permanent accommodation is constructed the petitioner is willing to pay them compensation. This offer is not accepted by the eligible occupants. 6. In the circumstances of the case, so far as occupants who are declared not eligible, the petitioner shall make an appropriate application to Competent Authority under Section 33 of the Slum Act within four weeks from today. Within six weeks from the date of receipt of the application, the Competent Authority shall pass order under Section 33 of the Slum Act in accordance with law. 7. So far as eligible occupants who are refusing to join AJN 21-OS-WP469.11 5 the project are concerned, the petitioner shall make an appropriate application to the Competent Authority i.e. the Collector, Mumbai Suburban District for appropriate action as per the provisions of clause 1.16 of Appendix IV of the Development Control Regulations for Greater Mumbai, 1971. Learned counsel for the petitioner states that such an application will be made within three weeks from today. If such application is made, the Collector shall deal with it in accordance with law and dispose it of within six weeks from the date of receipt of the same. 8. In view of the fact that we have directed respondent 1 and 19 to follow the due process of law, learned counsel for respondents 3 to 17 (except respondent 11) states that they will withdraw the suits filed by them in the City Civil Court at Dindoshi and so also the appeals from order arising therefrom which are pending in this Court. This statement is accepted. 9. Petition is disposed of. In view of disposal of the AJN 21-OS-WP469.11 6 petition, the Authorities will be free to take action in accordance with law so far as present project is concerned. [MRS. RANJANA DESAI, J.] [R.G. KETKAR, J.]