SSK/ 1 WP/6274.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6274 OF 2011 Nafisuddin Najimuddin Shaikh & Anr. ....Petitioners Versus Dy. Collector (Enc/Rem)-Bandra Divi & Ors. ...Respondents Ms. Anjali Awasthi i/b. P. S. Sethi, Advocate for the petitioners. Mr. S. N. Bhosale, AGP for respondent no.3. CORAM : RANJIT MORE, J. DATED : 12th SEPTEMBER, 2011. P.C.: Heard Ms.Awasthi, learned counsel for the petitioner and Mr. Bhosale, learned AGP for respondent no.3. 2. By the impugned order, the petitioners’ appeal came to be disposed of at the admission stage on the ground that the same is premature. The petitioners challenged the notice under Section 33-38 of the Slum Act by preferring the said appeal under Section 35 of the Slum Act. The petitioners submit that in view of the order dated 10th March, 2010 passed in Writ Petition No.256 of 2010, the Chief Officer of MHADA is the Competent Authority to decide the petitioners’ eligibility and other allied issues. SSK/ 2 WP/6274.11 3. The petitioners have received notice under Section 33 & 38 of the Slum Act from the Deputy Collector (E/R)-Bandra, the Competent Authority. The petitioners by giving reply to the said notice has already pointed out that the Deputy Collector is not the Competent Authority. Admittedly, the Deputy Collector has not yet passed the order of demolition. The Deputy Collector as of today, has also not considered the petitioners’ reply to the notice under Section 33 & 38 of the Slum Act. In these circumstances, I do not find any error in the impugned order passed by the Administrator/Divisional Commissioner, and therefore, I am not inclined to interfere in the writ petition. The petition is, accordingly, dismissed. However, in the event, the Deputy Collector (E/R)-Bandra, the Competent Authority, passes any order adverse to the interest of the petitioners, same shall not be implemented for a period of two weeks from the date of service thereof on the petitioners. 4. It is expressly made clear that the Deputy Collector (E/R)- Bandra, the Competent Authority, shall consider the petitioners’ reply and pass appropriate order independently and in accordance with law. (RANJIT MORE, J.)