1 wp-1682-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1682 OF 2011 Vikhroli Sagar Nagar (SRA) ..Petitioners V/s. The State of Maharashtra & Ors. ...Respondents Mr. R.S.Apte Sr. Advocate i/b Mr. P.M.Havnur for the Petitioners Ms Madhubala Kajare AGP for Respondent No.1 Mr. J.G.Reddy for Respondent Nos.2 & 3 Ms V.S.Gharpure for Respondent No.4 Mr. A.S.Patil for Respondent No.5 CORAM : P.B.MAJMUDAR & R.M. SAVANT, JJ. DATE : 12TH SEPTEMBER, 2011. P.C. :- 1 By way of this Petition, the Petitioners are challenging the order passed by the High Power Committee dated 2-6-2011 by which order, the High Power Committee has returned the Application of the Petitioners being No.435 of 2010 on the ground that there is no provision under the Maharashtra Slum Area (I.C. & R) Act, 1971 for reviewing the order passed by the High Power Committee. 2 The Learned Counsel Mr. Apte for the Petitioners submits that earlier, the High Power Committee remanded the matter and after remand, the SRA has taken a fresh decision. It is submitted that it is the fresh decision of the SRA which is challenged in Application No. 435 of 2010. After remand, if application is preferred, such an 2 wp-1682-11 application is to be treated as fresh application on the fresh cause of action and it cannot be termed as review application. The Learned Counsel Mr. Apte fairly submitted that the Petitioners are not asking the review of the earlier order passed by the High Power Committee and have challenged the fresh order passed by the SRA. The Learned Counsel further submitted that by mistake reference is made to the earlier application being No.149 of 2008 in the cause title of the application. 3 Considering the said aspect, the decision of the High Power Committee dated 2-6-2011 in Application No.435 of 2010 is set aside. The matter is remanded to the High Power Committee for taking a fresh decision. The Petitioner to make appropriate amendment in his original application within a period of three weeks from today and the said application may be treated as fresh application. After remand the High Power Committee may take appropriate decision as expeditiously as possible within a period of three months from today after the amendment is carried out. It is clarified that we have not expressed any opinion on merits and all contentions of both the parties are kept open. 4 The Petition is accordingly disposed of. (R.M.Savant, J.) (P.B.Majmudar, J.)