KBP 1 wp1483-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1483 OF 2010 Deepak Chintaman Jadhav ....Petitioner Vs Chief Executive Officer, Slum Rehabilitation Authority, Griha Nirman Bhavan, 5 th Floor, Bandra (E), Mumbai - 400 051 and ors. ....Respondents -- Mr.Kamalakar L. Koli, for petitioner. Mr.D.A.Nalawde, for respondent no.1. Mr.R.A.Dada, Senior counsel with Mr.Chetan Kapadia i/b.M/s.Kishore Thakordas & Co., for respondent no.3. Mr.P.K.Samdani, Senior Counsel i/b.Mr.M.P.Bhatt, for respondent no.4. -- CORAM : SMT.RANJANA DESAI & R.G.KETKAR, JJ. DATE : 14 th MARCH, 2011 P.C: Heard learned counsel for the parties. 2] By this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 15 th May, 2009 passed by the Slum Rehabilitation Authority (for short “the SRA”) in respect of Letter of Intent (for short “LOI”) sanctioned for C.T.S.No.195, Survey No.249, Kamraj Nagar, Chatkoper (E), Mumbai. The petitioner is one of the members of the proposed Slum Rehabilitation Scheme (for short “SRS”) and is found KBP 2 wp1483-10.sxw eligible. The order is impugned on the ground that the procedure followed by the SRA was improper and contrary to the law. The SRA did not verify the correctness and truthfulness of the documents relating to the members of SRS. The petitioner contended that the SRA ignored that there was no notification under the provisions of the Maharashtra Slum Area (Improvement, Clearance and Redevelopment) Act, 1971 (for short “the Act”) declaring area admeasuring about 12301.60 sq. mtr. as slum area being first part of the Annexure II i.e.1 to 675. 3] Opposing the petition, Mr.Kunal Champalal Vardhan, Director of the respondent no.3 made Affidavit setting out therein that under the notification dated 5 th September, 1980 which was published in the Maharashtra Government Gazette on 2 nd October, 1980, an area admeasuring 12302.6 mtr. was declared as slum under Section 4 of the Act. An area admeasuring 5798.58 sq. Mtrs. was declared as slum under Section 3(c)(i) of the Act and the Notification to that effect was published in the Maharashtra Government Gazette on 19 th August, 2007. It is further set out that respondent no.3 took the redevelopment in respect of the land admeasuring 18100.1 sq. mtrs. and has obtained all necessary sanctions and approvals from the concerned Authority over the last three years and has shifted 320 slum dwellers outside the property by paying transit rent in excess of Rupees Two Crores Fifty Lakhs so as to construct a transit building for 600 slum dwellers. Four buildings comprising 48 tenements are complete and the slum dwellers will be shifted into the same so as to make available vacant area for construction of rehabilitation and sale buildings. Along with the affidavit, the third respondent has annexed public KBP 3 wp1483-10.sxw notice, Intimation of Approval dated 30 th June, 2009 and 3 rd July, 2009, Commencement Certificate dated 3 rd July, 2009. It was also contended that the petition suffers from gross delay and latches in asmuch as the order dated 15 th May, 2009 is challenged in the petition which was filed on 22 nd July, 2010. 4] We have considered rival submissions made by learned counsel for the parties. 5] It is not in dispute that the petitioner is found eligible and is one of the members of the SRS. The petitioner is challenging order dated 15 th May, 2009 by filing present petition on 22 nd July, 2010. From the Affidavit of the third respondent, it is evident that the third respondent has obtained all the necessary sanctions and permissions from the concerned authorities. It has also incurred huge expenditure in constructing transit buildings for 600 hutment dwellers. Four buildings comprising 48 tenements are completed. The contention that the said area is not declared as slum is without any substance as the said area is declared as slum area under the provisions of the Act. Out of 919 eligible hutment dwellers, 878 hutment dwellers have consented for redevelopment. The eligible hutment dwellers have also executed individual alternate accommodation agreement with the developers. The Addl. Collector and Competent Authority (Encroachment and Removals, Eastern Suburbs) has certified original copy and has issued Annexure -II in two phases i.e.on 5 th July, 2007 and 29 th January, 2009. The L.O.I. was issued by the SRA on 15 th May, 2009 for redevelopment of 1044 tenements. Public notice for KBP 4 wp1483-10.sxw issuance of L.O.I. was published on 30 th May, 2009 and the third respondent also obtained IOA for rehabilitation of buildings on 30 th June, 2009 and 3 rd July, 2009. The petitioner has not controverted the assertions made in the Affidavit-in-reply by filing Affidavit-in-rejoinder. In view of the above, we do not find any substance in this petition. The petition is dismissed summarily. [R.G.KETKAR, J.] [SMT.RANJANA DESAI, J.]