Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2259 of 2008 Subhadra M. D.Lal ...Petitioner V/s. State of Maharashtra & ors. ...Respondents Abhay Patki i/b.R.D.Mishra for the petitioner Milind More, AGP for respondents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 24th October, 2008 : 24th October, 2008 : 24th October, 2008 P.C. . Heard Counsel for the parties. I am in agreement with the preliminary objection taken by the Counsel for the respondent State that the petitioner has statutory remedy of appeal available under Section 4(1) of the Maharashtra Slum Areas (Improvement, Clearance and Re-developoment) Act, 1971. Counsel for the petitioner submits that there are issues which cannot be examined in the appeal proceedings-such as the petitioner is alleging malafide exercise of power by the concerned official and that the direction issued by this Court has not been complied in its proper spirit. I am afraid it is not possible to countenance this submission made on behalf of the petitioner. The remedy of appeal is not a restricted remedy, if one looks at the language of Section 4(3) of the Act. In other words, all issues regarding illegality, proprietary, justness including the issue of 2 malafide exercise of power can be addressed before the Tribunal which has been constituted as appellate authority under the Act. Needless to observe that question of non-compliance of directions given by this Court will have to be necessarily answered by the Tribunal if such issue is raised. All aspects will have to be considered by the Tribunal in the first place being Appellate Authority expected to decide the issues on facts and law. Accordingly, this petition is disposed of with liberty to the petitioner to pursue remedy of appeal, if so advised. All questions in the said Appeal are left open to be decided on its own merits. 2. In so far as question of limitation is concerned, there is no difficulty in accepting the arguments of the petitioner that the remedy of appeal is available within 30 days from the date of declaration in the official gazette, which declaration has still not been issued. In that sense, petitioner has ample time to pursue remedy of appeal. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]