LAWS(BOM)-2011-5-121

JAGNNATH HANUMANT SONAWANE Vs. SLUM REHABILITATION AUTHORITY

Decided On May 11, 2011
Jagnnath Hanumant Sonawane Appellant
V/S
SLUM REHABILITATION AUTHORITY Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Respective Counsel waive service. By consent and at their request the petition is heard finally at the admission stage.

(2.) By the above petition, the Petitioners have impugned the order dated 7th December, 2011, in Appeal No. 14 of 2011 passed by Respondent No.5 - President, Special Tribunal constituted under the Maharashtra Slum Areas (Improvement and Redevelopment) Act, 1971 (hereinafter referred to as "the Slum Act"), confirming the order dated 11th April 2011 corrected to 4th May 2011 (by corrigendum) passed by Respondent No. 2-Chief Executive Officer, Slum Rehabilitation Authority (SRA), declaring the subject property as 'Slum Rehabilitation Area' under Section 3C(1) of the Slum Act.

(3.) The principal ground of challenge is that the order dated 11th April 2011 corrected to 4th May, 2011 (by corrigendum) declaring the subject property as 'Slum Rehabilitation Area' under section 3C(1) of the Slum Act is passed without issuing a Show Cause Notice and granting an opportunity of hearing to the Petitioners thereby violating the principles of natural justice. Consequently, it is contended that the said order is required to be set aside.