SAYED ANWAR GAFFAR Vs. ADMINISTRATOR AND DIVISIONAL

JUDGEMENT

(1.) BOTH these petitions challenge the permissions granted by the Slum Rehabilitation Authority under the Development Control Regulations Nos.33(10) i.e. (IOA) and the Maharashtra Regional and Town Planning Act, 1966 on the plots of the land bearing CTS No.13 (Part), 30 (Part) and 33(Part), situated at Santacruz (East), Mumbai Suburban District belonging to the Maharashtra Housing Area and Development Authority (for short, MHADA). The petitioners are some of the members of the registered Co-operative Housing Societies which are impleaded as respondent Nos.4 and 8 to 10 in Writ Petition No.1213 of 2010. The permissions are granted in favour of the developer-respondent No.5, in the said petition. The petitioners are, in fact, challenging implementation of the Slum Rehabilitation Scheme on the above lands.

(2.) THE petitioners had challenged the above permissions in the appeals under section 35 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short, 'Slum Act'). All the appeals came to be dismissed by the impugned order dated 6th May, 2010, passed by the Administrator and the Divisional Commissioner, Kokan Division, Mumbai. Aggrieved by the above order, the petitioners have filed the present petitions.

(3.) CONTENTION-I