1 WPL-2151-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2151 OF 2010 Kirti Kishore Kadam ..Petitioner versus The State of Maharashtra & Ors. ..Respondents Mr. S. S. Joshi i/b. Ms. Priti S. Joshi for Petitioner. Ms. Imam Calcuttawala, Assistant Government Pleader for Respondent No. 1. Mr. Vinod Jadhav i/b. Mr. Vijay D. Patil for Respondent No. 2. Ms. V. S. Gharpure for Respondent No. 3. Mr. Chirag Balsara i/b. Divya Shah Associates for Respondent No. 4. CORAM : DR. D. Y. CHANDRACHUD & ANOOP V. MOHTA, JJ. 13 January 2011. P.C. : The Petitioner has been held to be ineligible to participate in a slum rehabilitation scheme under Development Control Regulation 33(10) by order an dated 29 July 2010 of the Competent Authority in the Mumbai Municipal Corporation. The Petitioner has submitted before this Court that in the voters’ list of 1995, the name of the original owner, Radheshyam Yadav from whom the Petitioner purchased the structure is reflected. This has also been verified by the Assistant Commissioner, K/East Ward in an 2 WPL-2151-10 order dated 4 January 2005. In this regard the Petitioner has relied upon a Government Resolution dated 14 May 1998. We are of the view that it will be appropriate for this Court not to enter upon the factual determination of the eligibility of the Petitioner since the Petitioner has a remedy of an appeal before the Divisional Commissioner under Section 35 of the Maharashtra Slum Areas (Improvement Clearance and Redevelopment) Act 1971. In the event that the Petitioner files an appeal before the Appellate Authority within a period of two weeks from today, the appeal shall be heard and entertained on merits. The Appellate Authority shall consider all the contentions of the parties on merits including the contentions of the Petitioner noted earlier. The Appellate Authority is directed to dispose of the appeal within a period of four weeks of the institution of the appeal after hearing the parties. Until the appeal is disposed of, the status quo in respect of the hutment of the Petitioner shall continue to be maintained. In the event an order adverse to the Petitioner is passed status quo shall be maintained for a period of two weeks from the date of communication of the Order. 2. The Petition is accordingly disposed of. (Dr. D. Y. Chandrachud, J.) (Anoop V. Mohta, J.)