SURANA DEVELOPERS (WADALA) LLP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners assail the impugned letter dtd. 26/8/2021 informing the petitioners that the Deputy Director, Directorate of Enforcement under communication dtd. 24/8/2021 informed the offce of SRA to maintain status quo in respect of project and not to take decision on any requests for modifcation of Letter of Intent (LOI) claimed by the petitioners without the No Objection Certifcate of the offce of Directorate of Enforcement.

(2.) Mr. Sathe, learned Senior Advocate for the petitioner submits that on or about 31/1/2011, LOI was issued by the SRA in favour of the petitioner No.1 for Slum Rehabilitation Scheme of the subject property. Subsequent LOI is issued on 5/5/2012 on the property as detailed in the said letter. Thereafter, on 2/7/2014, revised LOI is issued by the SRA to carry out the Slum Rehabilitation Scheme (SRS) on Sheikh Mishree SRA CHS. On or about 22/10/2014, a letter is issued by the SRA sanctioning the amended plan of Anand Nagar Rehabilitation Scheme and on the said date LOI is issued in supersession of the earlier LOI dtd. 31/1/2011. Thereafter, on 26/3/2015, IOA is issued by the SRA for the SRS for Sheikh Mishre CHS. Similarly, on 19/5/2021 application was made by the Architect of petitioner No.1 to the SRA for issuance of revised LOI. The impugned communication is issued stalling the same and on the direction of the Directorate of Enforcement. The application for revised LOI is recorded.

(3.) Mr. Sathe, learned Senior Advocate submits that the provision for implementation of Slum Rehabilitation Scheme is contained under Development Control and Promotion Regulation, 2034 (DCPR 2034). On 17/3/2017, the SRA sanctioned the amended plan for construction of rehab building in Slum Rehabilitation Scheme in respect of Anand Nagar SRA CHS Limited. On 17/3/2017, the SRA also issued Intimation of Approval for the construction of composite building for implementation of scheme namely Anand Nagar SRA CHS limited. On 8/5/2018, the revised development plan for Greater Mumbai prepared by the Municipal Corporation for Greater Bombay was sanctioned by the State Government under Sec. 31 of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act). The Development Control and Promotional Regulation 2034 came into force from 8/5/2018.