SHIVKUPA BUILDERS AND DEVELOPERS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners have challenged the order dated 14/10/2009 passed by Respondent No.3 (The Chief Executive Officer (CEO), Slum Rehabilitation Authority) under Section 13 of the Maharashtra Slum Areas (Improvements, Clearance and Redevelopment) Act, 1971 (for short, the Slum Areas Act) thereby has approved the termination of the Petitioners development agreement and simultaneously permitted to appoint new developer,/Respondent No.8, to continue to develop the slum rehabilitation scheme as announced 10 years back.

(2.) Basic facts are as under:The Petitioners are a registered partnership firm and have been involved in building, development and redevelopment activities since 1995.

(3.) The State of Maharashtra (Respondent no.1) has formed and approved various schemes and policies and framed rules and regulations under the various State Acts, to rehabilitate slum dwellers and occupiers of the Government and the Corporation lands and/or otherwise. Respondent No.2 is the Slum Rehabilitation Authority (the SRA) constituted under the Slum Areas Act. Respondent No.3 is CEO who functions as a head of Respondent No.2/SRA. Respondent No.4 is Indira SRA Cooperative Housing Society Ltd (Indira) of the Slum dwellers on whose applications the impugned order is passed. Respondent No.5 is the Municipal Corporation of Greater Mumbai who is the owner of the land (MCGM). Respondent No.6 is a Cooperative Society of slum dwellers/tenants claiming rights over the land in question i.e Prem Siddha Cooperative Housing Society (Prem Siddha). Respondent No.7 is Birla Industries Group Charity Trust (the Trust), claiming perpetual lease rights over part of the land under the scheme, therefore, filed Writ Petition No. 6277 of 2000, now 1762/2006.