K.J. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1773 OF 2008 WRIT PETITION NO.1773 OF 2008 WRIT PETITION NO.1773 OF 2008 Vijay Devkinandan Gupta )..Petitioner Vs. The State of Maharashtra & Ors. )..Respondents ---- Mr.Abhay Patki i/by R.D.Mishra for the petitioner. Ms.Geeta Shastri AGP for respondent nos.1 to 3. Mr.N.V.Walawalkar, Sr.Advocate i/by P.S.Jani for respondent no.4. Mr.J.G.Reddy for respondent no.5. ---- Coram : D.K.Deshmukh & Coram : D.K.Deshmukh & Coram : D.K.Deshmukh & R.S.Mohite,JJ R.S.Mohite,JJ R.S.Mohite,JJ Date : 22.4.2009. PC 1. By this petition the petitioner takes exception to the notification by which land of the petitioner which has already been declared as slum, has been acquired under the provisions of Slum Rehabilitation Act. Before issuing the notification show cause notice was issued. Pursuant to that show cause notice the petitioner filed objection. The only objection filed was that he has formed the society of the tenants which has support of more than 70% slum dwellers and because he himself intends to develope the land, there is no need to acquire the land. No other objection was raised. In the : 2 : affidavit filed on behalf of the respondents, it is stated that when the enquiry was made into that objection, it was found that out of 50 slum dwellers, 37 were supporting the proposal for acquisition and only 13 were supporting the proposal which has yet not submitted by the petitioners. 2. Learned Counsel for the petitioner also submitted that under Section 14 of the Slum Act only land surrounding slum area can be acquired and slum area cannot be acquired. We cannot make enquiry into this objection because this was never raised pursuant to the show cause notice. Had that objection been raised, then it would have been enquired by that authority. Failure to raise that objection disentitled the petitioner to raise the objection to the first time in this petition. 3. In our opinion, the authorities have acted in accordance with law. No exception can be taken to the order impugned. Petition rejected. (D.K.Deshmukh,J) (D.K.Deshmukh,J) (D.K.Deshmukh,J) (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)