1 wp324.11gp.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 324 OF 2011 Shri Siddhivinayak Build Heights Pvt. Ltd. ...Petitioner. Vs. The State of Maharashtra & Ors. ...Respondents. WITH WRIT PETITION NO. 2311 OF 2011 Maharashtra State Road Transport Corporation ...Petitioner. Vs. The Collector & Ors. ...Respondents. Mr. S.G. Anay, Sr. Advocate i/by Mr. Amarendra Mishra for the Petitioner in WP No. 324 of 2011 and for Respondent No.7 in WP No. 2311 of 2011. Ms. Geeta Shastri, AGP for Respondent Nos. 1 and 3 in WP No. 324 of 2011 and for Respondent Nos 1 to 3 in WP No. 2311 of 2011. Mr. S.M. Modle for Respondent No.6 in WP No. 324 of 2011. Mr. J.G. Reddy for Respondent No.2 in WP No. 324 of 2011. Mr. P.G. Lad for Respondent No.5 in WP No. 324 of 2011 and for the Petitioner in WP No. 2311 of 2011. Mr. R.D. Soni i/by M/s. Ram & Co. for Respondent No.5 in WP No. 2311 of 2011. CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ. DATE :- 5 DECEMBER, 2011. P.C. :- 2 wp324.11gp.sxw ssm By consent of the Petitioners in both these Petitions and the Respondents State of Maharashtra and its Authorities, both the Petitions are disposed of in following terms. 1) The Principal Secretary, Revenue Department, Government of Maharashtra is nominated as the authority who will decide the following questions. (a) Whether entire land which has been acquired under the provisions of the Land Acquisition Act for the purpose of the Maharashtra State Road Transport Corporation is necessary to be given in possession of the MSRTC for being used for the purpose for which it has been acquired. (b) In case, the nominated authority comes to the conclusion that entire land is to be used for the purpose for which it has been required by the MSRCT then the State Government and its authorities shall take necessary steps to remove the slum dwellers from the land so that the land can be handed over to the MSRTC for being used for the 3 wp324.11gp.sxw ssm purpose for which it has been acquired. (c) In case the nominated authority comes to the conclusion that no part of the land is required by the MSRTC for the purpose for which it has been acquired under the Land Acquisition Act, then the nominated authority shall make an order to that effect and send the papers to Respondent No.2- Slum Rehabilitation Authority to consider the question and make necessary orders as to how and in what manner and by whom the Slum is to be developed. In that case, the Slum Rehabilitation Authority to whom the matter will be referred shall decide all questions which are relevant and are to be decided in accordance with law and shall also hear the parties who in law are entitled to be heard. (d) In case, the nominated authority comes to the conclusion that only a part of the land is required by the MSRTC for being used for the purpose for which it has been acquired and that the remaining part can be handed over to the Slum Rehabilitation 4 wp324.11gp.sxw ssm Authority for development of Slum then the nominated authority shall make an order for the MSRTC being handed over the portion of the land to which it has been held entitled and the Authorities of the State Government shall take steps to hand over to the MSRTC that portion of the land free of any encroachment and the question of using the remaining land for rehabilitation of slum dwellers shall be referred to the Slum Rehabilitation Authority who shall consider that question in accordance with law and shall make appropriate order in that behalf. The Slum Rehabilitation Authority shall also grant an opportunity of being heard to the parties who may be entitled to that opportunity in accordance with law. (2) The MSRTC and other parties who may be entitled to be heard on the question that is to be decided by the nominated authority shall appear before the nominated authority on 9 January 2012 and submit any 5 wp324.11gp.sxw ssm applications, affidavits, documents that they desire the nominated authority to consider. The nominated authority thereafter shall consider the record and the material produced by the parties before him and make his decision as indicated above as expeditiously as possible, in any case within a period of eight weeks from 9 January 2012. The nominated authority shall be free to hear apart from the parties who appear before him any other Government Officer or agency which according to the nominated authority is relevant and required to be heard. Whatever order the nominated authority may make, the nominated authority shall assign reasons for its conclusion. 2 Both the Petitions are disposed of accordingly. There shall be no order as to costs. (ANOOP V. MOHTA, J.) (D.K.DESHMUKH, J.)