MURLIDHAR TEKCHAND GANDHI Vs. T D JOSHI

JUDGEMENT

(1.) HEARD both sides. The Competent Authority made a declaration of slum under Section 4(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The same came to be confirmed by the Tribunal in Appeal by order dated 12th December, 1997. This came to be challenged by the appellants by filing Writ Petition No. 851 of 1998. The Writ Petition came to be dismissed on 17th April, 2001 by the learned Single Judge. This is challenged here.

(2.) THE learned Single Judge noted the contents of the report prepared by the Competent Authority, its conclusions and the order passed by the Tribunal. The learned Single Judge concluded that the Competent Authority and the Tribunal have considered all the facts and circumstances under which 339 occupants were living in total inhuman surroundings which was stinking and unbearable. It was held that there was nothing to discard the conclusions drawn by those authorities that it is a slum .

(3.) THE Division Bench of this Court passed the order on 4th July, 2001 and appointed Court Commissioner to inspect the premises to find out the present condition. The Associate, Shri D.V. Deokar, was the Commissioner. He submitted his report on 20th July, 2001 alongwith the photographs. In his report, he has noted that many of the tenements were having separate W.Cs but he found that those W.Cs were stocked with unused material and he was informed that as the drainage line was choked, they could not use it. He also noted that there are in all 8 common W.Cs. Out of them four are completely in dilapidated condition and absolutely not in use. Four are used. When he visited some children and ladies were in queue for using them. He also noted that on the rear side of the common W.Cs, there was a open nalla, garbage was lying near the said nalla in hips and dirty smell of decomposed garbage was coming from the said area. He also noted that there was no proper ventilation for the tenements. The drainage line passing near the chawl No.1 facing the road was partially covered by large tiles and partially open. The drainage line on the rear side was open and there was water logging in the drainage. He also noticed a large number of she buffaloes are in the Tabela and smell of dung was coming from the said Tabela. This also shows that the basic amenities are lacking and various other deficiencies pointed out leading to declaration are present. He has also mentioned that he has taken photographs. The photographs also show that this is nothing but a slum.