:: 1 :: rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 769 OF 2008 APPEAL FROM ORDER NO. 769 OF 2008 APPEAL FROM ORDER NO. 769 OF 2008 IN IN IN NOTICE OF MOTION NO. 2398 OF 2007 NOTICE OF MOTION NO. 2398 OF 2007 NOTICE OF MOTION NO. 2398 OF 2007 IN IN IN SHORT CAUSE SUIT NO.1994 OF 2007 SHORT CAUSE SUIT NO.1994 OF 2007 SHORT CAUSE SUIT NO.1994 OF 2007 ....................................................... Office Notes, Office Memoranda . of Coram, appearances, Court’s . Orders or directions and . Registrar’s Order Court’s or Judge’s Order ....................................................... Smt.G.P.Mulekar, AGP for the State. Mr. A. S. Khavnekar i/b. Mr. Manojkumar Upadhaya for Respondent No.1. CORAM : S.J.VAZIFDAR, J. CORAM : S.J.VAZIFDAR, J. CORAM : S.J.VAZIFDAR, J. DATE : 17TH OCTOBER, 2008. DATE : 17TH OCTOBER, 2008. DATE : 17TH OCTOBER, 2008. P.C. :- P.C. :- P.C. :- . It was contended that this suit is not maintainable in :: 2 :: view of the section 42 of the Slum Rehabilitation Act. However, no notification under section 4 of the said Act was produced. The impugned order therefore does not warrant any interference. 2. It is indeed surprising that though action by way of impugned notice is taken under the Slum Rehabilition Act, the Appellant is unable to produce the relevant notification. If the notification has not been issued in respect of the suit property and if the construction thereupon is illegal, it is indeed surprising that the concerned officers of the Appellant have not taken action under the relevant enactment :: 3 :: namely the Maharashta Land Revenue Code. If indeed, there is no notification under the Slum Rehabilitation Act, the concerned officer would be responsible for issuing a notice under the wrong enactment are also for not taking action under the appropriate enactment. The pendency of the suit will not prevent the Authorities from adopting appropriate proceedings under any other enactment, if necessary. 3. In the facts and circumstances of this case, the learned Judge of City Civil Court, Bombay is requested to frame and decide the preliminary issues as to jurisdiction as expeditiously as possible. :: 4 :: (S.J.VAZIFDAR, J.) (S.J.VAZIFDAR, J.) (S.J.VAZIFDAR, J.)