wp4014-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4014 OF 2011 Baby Verghese (Priest of Church) .. Petitioner Versus Deputy Collector (Encroachment and Removal) and Anr. .. Respondents Ms.Shabana F. Sothe for petitioner Mr.Sanjay P. Kapse for respondent No.2 Mr.A.I.Patel, AGP for respondent No.1 CORAM : S.C.DHARMADHIKARI, J. DATE : 10th JUNE 2011. P.C.: 1] The petitioner has challenged the order passed by the Deputy Collector (Encroachment, Removal and Competent Authority), under the Maharashtra Slum Clearance (Improvement, Clearance & Rehabiliation) Act, 1971. This order has been confirmed by the appellate authority viz., Administrator and Divisional Commissioner, Konkan Division in Appeal under section 35 of the said Act. Aggrieved by both the orders, viz., 25th October 2010 and 10th May 2011, that this wp4014-11.doc 2 petition has been filed. 2] The finding of fact that is recorded by the Authorities is that the petitioner could not substantiate his case that he was eligible for residential structure which is distinct from that of a Church. Further, the petitioner’s demand for alternate permanent accommodation for Church building has also not found favour because the only document which could be produced is Annexure II. The entry “R” is of no assistance without anything more. Petitioner’s counsel concedes that “R” could stand for residential as well. Therefore, unless there was anything to show that either the religious structure or residential structure was in existence on the cut off date i.e. 1st January 1995, the petitioner could not be held to be eligible for either. 3] In the light of the conclusions recorded on the basis of the materials produced it is difficult to hold that there is any perversity in the impugned orders. The orders do not suffer from any error apparent on the face of the record either. In wp4014-11.doc 3 these circumstances, the petition is devoid of any merits and is dismissed accordingly. No costs. (S.C.DHARMADHIKARI, J)