((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.574 OF 2008 Prahlad Bansi Adsul and others Petitioners versus State of Maharashtra & others Respondents Clifford Martis for petitioner. Milind More, AGP for respondent no.1. Archana Joshi for respondents 2 and 3. CORAM : A.M.KHANWILKAR, J. DATE : 18th March 2008 PC : 1. The grievance in this petition is essentially with regard to the view taken by the Joint Municipal Commissioner (Improvement) in his order dated 6th November 2007 that the conditions existing on the plot in question are not akin to the conditions prescribed under section 4(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. On that finding the authority held that the area cannot be developed as Slum area. The decision, as rightly contended by the learned Assistant Government Pleader, is an appealable order in terms of Section 35 of the said Act. Counsel for the petitioner relying on opening part of sub section 1 of Section 35 of the Act submits that ((-2-)) MST no express provision has been made in the Act that the said order is an appealable order for which reason remedy under section 35 is unavailable. There is no substance in this submission. The opening clause would otherwise indicate that all orders to be passed by the competent authority are appealable before the Administrator unless expressly excluded by any of the provisions of the Act. The submission of the petitioner is complete misreading of the said provision. As the petitioner has alternate remedy of appeal under section 35 of the Act, this petition is disposed off with liberty to take recourse to statutory remedy, if so advised, which will be decided on its own merits and in accordance with law. In case there is any delay in presentation of the appeal, the petitioner to take out appropriate application before that authority which will be considered on its own merits keeping in mind that the petitioners have spent some time in pursuing their remedy before this Court, if such consideration can be taken into account by virtue of provisions contained in the Slum Act. Ordered accordingly. (A.M.KHANWILKAR, J.)