KHURSHED AMANGOOL KHAN Vs. P D PALNITKAR

JUDGEMENT

(1.) THESE six petitioners under Article 226 of the Constitution question the correctness of an order passed under section 22, affirmed in appear under section 23, both of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971- hereinafter referred to as the Act.

(2.) PETITIONER is the owner of seven structures comprising several rooms known as Amangool Chawl situated at Danda-Khar at Bandra, Bombay. Respondent No. 4 to 1 all the petitions are in occupation of different rooms of the chawls as tenants. The said respondents had stopped paying rent to the petitioner since 1975. The Chawl was declared as slum on 30th September, 1978 under section 4 of the Act. On 26th July, 1981, the petitioner addressed notices of demand to the 4th respondent figuring in these petitions as also seven others similarly situated. They were called upon to pay the rent outstanding from them. The notices not having evoked any positive response, the petitioner moved the Competent Authority i. e. the 3rd respondent for a permission under section 22 of the Act. This section to the extent relevant is as follows :-

(3.) PETITIONER takes exception to the rejection of her request for permission to sue for ejectment in these petitions. The petitions have to be allowed and my reasons for so doing are stated below :-