1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1307 OF 2004 Mr.Nikhil Jhaveri .. Petitioner Vs. Municipal Corporation of Greater Mumbai and Ors. .. Respondents WITH WRIT PETITION NO.2083 OF 2005 Nav Maharashtra CHS Ltd. & Ors. .. Petitioners Vs. The State of Maharashtra & Ors. .. Respondents WITH WRIT PETITION NO.1432 OF 2006 Shivajinagar Rahivashi Sangh & Ors. .. Petitioners Vs. State of Maharashtra & Ors. .. Respondents Mr.Pradeep Sancheti with Mr.K.R.Khatta i/b Mr.Yasmin Bhansali and M/s.Kishore Thakoredas & Co. for the petitioners in Writ Petition No.1307 of 2004 Mr.Milind Sathe, Sr.Advocate with Mr.S.Y.Ali i/b Mr.Akshay Vani for the petitioner in Writ Petition 2 No.2083 of 2005 Mr.C.U.Singh, Sr.Advocate i/b Mr.Madhav Jamdar for the petitioner in Writ Petition No.1432 of 2006 and respondent no.7 in Writ Petition No.1307 of 2004 Mr.G.D.Utangale i/b M/s.Utangale and Co. for respondent/S.R.A. Mr.Pradeep Jadhav, A.G.P. with Mr.J.S.Saluja, A.G.P. for the State Ms.A.K.Savla for the B.M.C. CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATED : 4th August, 2008 DATED : 4th August, 2008 DATED : 4th August, 2008 P.C.: 1. We are disposing of these petitions by a common order as the subject matter of the petitions is in respect of slum dwellers who are having their structures / hutments on the foreshore land at Darabsha Road, Napeansea Road, Mumbai which is shown in a sketch annexed to the Writ Petition No.1307 of 2004. 2. The petitioner Nikhil Jhaveri filed a writ petition no.1307 of 2004 in this court seeking a writ of mandamus against respondent nos.6 to 3 furnish a list of hutment dwellers and Schedule II and submit a report to this court so as to assess which structures / shanties and hutments are protected i.e. which are in existence prior to 1.1.95 and for further orders and direction to remove all other structures / shanties and hutments from the said site as they are on government land. Various interim orders came to be passed by this court in all the three petitions which led to filing of Writ Petition No.2083 of 2005 by Nav Maharashtra Co-op.Housing Society Ltd. and Ors. By virtue of certain interim orders passed in earlier petition, their project was affected. This court on 24.11.06 in the petition filed by Nav Maharashtra Co-op.Housing Society Ltd. and Ors. made it clear that for the said project LOI has been issued for construction of 2664 tenements for the purpose of rehabilitation and 2337 slum dwellers were held eligible for rehabilitation. It was pointed out by the learned counsel for the petitioners that claims of 269 slum dwellers are pending before the Competent Authority for determination of their eligibility for rehabilitation and that if they are found to be 4 eligible then it will not be possible for the promoters of the scheme in whose favour LOI has been issued to accommodate the persons by virtue of common order having been passed in writ petition no.1307 of 2004. 3. The court has taken up the petition from time to time and passed various interim orders which were even challenged before the Honourable Supreme Court. This generated another petition by the Society of hutment dwellers i.e. Shivajinagar Rahivashi Sangh and Ors being Writ Petition No.1432 of 2006 who have come to this court seeking a direction that respondent no.2 SRA should implement their decision which has been communicated by order dated 09.06.05 which is annexed as Exhibit K to the petition to provide for rehabilitation of 65 of eligible slum dwellers from Shivaji Nagar Slum situated on foreshore land at Darabasha Lane in ’D’ Ward in the S.R.Scheme being implemented on plot bearing C.S.No.725 (pt), 1/725(pt) and 383 of Tardeo Divn. of M.P.Mill Compound, New Jaiphalwadi and Janta Nagar, wherein members of Nav Maharashtra Co-op.Housing Society, who are the petitioners in 5 Writ Petition No.2083 of 2005, are being accommodated and who have also challenged this order. 4. An amendment has been sought which has been granted today by this court in Writ Petition No.1432 of 20006 and now it is the case of the petitioners in Writ Petition No.1432 of 2006 that this court should quash and set aside the proposed action of respondent in vacating the eligible hutment dwellers of Shivajinagar foreshore land, Darabsha Lane, Napean Sea Road, Mumbai with other alternate prayers to clause (a) reiterating their claim of the right to be accommodated in S.R. scheme which is implemented on a plot of land in M.P. Mill Compound, New Jaiphalwadi and Janatanagar, D Ward, Mumbai D ward. 5. In substance, the issue is about preventing of encroachment and further construction of unauthorised structures / hutments / stanties coming up in the area of hutment dwellers of Shivajinagar, foreshore land which is represented by Shivajinagar Rahivashi Sangh and Ors the 6 residents of which are also claiming right of rehabilitation on the basis that they are at the site prior to the cut off date i.e. 1.1.95. 6. Full Bench of this court in the case of Tulsiwadi Navnirman Coop.Housing Society Ltd. and Tulsiwadi Navnirman Coop.Housing Society Ltd. and Tulsiwadi Navnirman Coop.Housing Society Ltd. and anr. vs. State of Maharashtra reported in 2008 anr. vs. State of Maharashtra reported in 2008 anr. vs. State of Maharashtra reported in 2008 (1) Bom C.R.1 (1) Bom C.R.1 (1) Bom C.R.1 has directed the Government to appoint High Power Committee to go into the issue of rehabilitation of slum dwellers under the Slum Rehabilitation Act. 7. In our view, the subject matter of the three petitions directly relates to the rehabilitation of eligible slum dwellers who are represented by Shivajinagar Rahivashi Sangh and Ors. in Writ Petition No.1432 of 2006. Therefore, we permit the petitioner Nav Maharashtra CHS Ltd. in Writ Petition No.2083 of 2005 and Shivajinagar Rahivashi Sangh and Ors in Writ Petition No.1432 of 2006 to withdraw the petition filed by them and approach the High Power Committee constituted under the directions of this court in the case of Tulsiwadi Navnirman Coop.Housing Society Ltd.and 7 anr. (Supra). This will enable the High Power Committee to take a policy decision in the matter of rehabilitation of all the slum dwellers who are found eligible and on examining their case further issue appropriate orders/ directions and take steps to prevent further encroachment on the Foreshore Land in question as undisputedly the land belongs to the State Government. 8. In so far as Writ Petition filed by Nikhil Jhaveri i.e. Writ Petition No.1307 of 2004 is concerned, we dispose of this petition with a direction to the High Power Committee to take necessary steps to remove all unauthorised structures / hutments which have come up in the area after 1.1.95 in the Foreshore Land at Darabsha Lane, Off.Napeansea Road, Mumbai in a time bound programme by following due process of law. Needless to state that all concerned parties would be heard by the High Power Committee before any decision in the matter is taken. High Power Committee should also take preventive steps to see that no further encroachment is made on the said land. 8 9. In so far as Chamber Summons No.105 of 2008 in Writ Petition No.2083 of 2008 is concerned, the applicants have sought intervention in the petition filed by Nav Maharashtra CHS Ltd. The learned counsel for the petitioner strongly objects to impleading the applicants as party respondents. 10. In so far as the offer made by the Competent Authority under the Slum Rehabilitation Authority that members of the petitioner Shivajinagar Rahivashi Sangh and Ors. in Writ Petition No.1432 of 2006 can be accommodated at tenements available in Chembur area is concerned, the offer will be kept open till the High Power Committee takes a decision in the matter. 11. In view of the fact that the very cause of action for filing this petition arise because of the issue of rehabilitation opportunities of the applicant / intervenors who are found eligible for said rehabilitation under the S.R.A.Scheme Therefore this court, permits the applicant to intervene in the matter as intervenor but not as 9 party respondents. 12. In view of the fact that this court is not disposing this petition on merits, the intervenors can very well represent their case before the High Power Committee, when it takes up their case for rehabilitation and consider the subject land in Writ Petition No.2083 of 2005 for the said purpose. 13. All the three writ petitions stand disposed of accordingly. In view of the fact that this court has disposed of all the three petitions, all pending Notice of Motions and Chamber Summonses also stand disposed of as infructuous. 14. We make it clear that the High Power Committee would not be influenced by the various interim orders passed by this court in view of the fact that all the Writ Petitions are disposed of and it is left it to the High Power Committee to take its own decision in accordance with law, as all interim orders stand merged into this final order disposing of the petitions. It is left to the High Power Committee to pass interim orders if 10 required as and when such contingency arises and in order to preserve statusquo till the matter is finally heard and decided. 15. Parties shall maintain statusquo in so far as petitioners in Writ Petition No.1432 of 2006 is concerned, as it exists on the date of passing of this order, and the said statusquo protects only those slum dwellers who are found eligible for rehabilitation under the S.R.A., all others can be evicted by following due process of law. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( K.K. TATED, J ) ( K.K. TATED, J ) ( K.K. TATED, J )