ANIL GULABDAS SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these petitions filed under Article 226 of the Constitution raise a common challenge and, therefore, they have been heard together at all times. They came to be filed on or about 26 th March, 1999 and 23 rd February, 2000 respectively and the initial challenge was to the Notification dated 16 th May, 1999 issued under Section 14(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act 1971 (for short "the Act") and the Letter of Intent issued on 1 st December, 1998 in favour of respondent No.4 which is a builder/developer company. By the Notification dated 16 th May, 1998 issued by the State Government through its Housing and Special Assistance an area admeasuring 44330 sq. meters (more5 than 11 acres) located in Andheri East and popularly known as Saiwadi has been acquired purportedly to execute the "works of improvement" as envisaged under the Act. Whereas by the second impugned order dated 1 st December, 1998 the Letter of Intent has been issued in favour of the respondent No.4 for the entire area of 44330 sq. meters acquired by the notification dated 6 th July, 1998 and though initially the F.S.I. granted was 2.07, subsequently it has been increased to 2.5 and it has been the contention of the petitioner that in fact it was 2.7 which was the F.S.I. allowed in favour of the respondent No.4 on the entire land i.e. 44330 sq. meters and permissible under D.C.R. (33.10) as amended from time to time.

(2.) Writ Petition No.974 of 1999 is in respect of C.T.S. No. 449 (Old Survey No.33/5) of village Gundavli (Gaoligalli), Andheri East and Writ Petition No.1113 of 2000 is in respect of Plot C.T.S. No. 429 (Old Survey No.37/13) of the very same village. The area of C.T.S. No.449 is 1168.5 sq. meters whereas initially the area of C.T.S. No.429 is 1,064.3 sq. meters but it appears that on C.T.S. No. 429/1 to 18 some slum came up and they occupy an area of 401.05 sq. meters thus leaving behind the net area of C.T.S. No.429 at 662.8 sq. meters. There is no dispute that both the petitions together are in respect of the plot area of 1168.5 and 662.8 sq. meters which area is covered by both the impugned orders. It is the contention of the petitioner that the acquisition as per the Notification dated 6 th July, 1998 is illegal, in violation of the principles of natural justice, contrary to the scheme of the Act and hence void ab initio on several grounds.

(3.) The respondents have opposed the petitions and the opposition is vigorous and determined. On behalf of the respondent No.1, Shri Nitish Thakur, Deputy Collector (Encroachment) and Competent Authority has filed reply on 15 th November, 1999 and Shri Dilip Shinde, Deputy Secretary, Housing Department has filed another affidavit on or about 14 th January, 2010 opposing the petitions. On behalf of the respondent Nos. 2 and 3, Shri Parmanand Nikumbh, Deputy Collector and Slum Rehabilitation Authority has filed affidavit in reply on 14 th January, 2010 and Shri Prakash Kashinath Joshi, Desk Officer, Housing Department, has also8 filed affidavit dated 16 th December, 2002. At the outset it was contended by the respondents that the petitioner has his ownership of 00.01% of the total scheme area and less than 8% of the suit plot area and, therefore, the challenge raised in these petitions is frivolous and on that ground alone (locus standi) the petitions ought to be dismissed. The petitioner, therefore, amended the petitions so as to dispel the misconception about locus standi as raised against him. Hence we deal with the said issue of locus standi at the threshold.