PLYMOUTH CONSTRUCTIONS PVT. LTD. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Writ Petition under Article 226 of the Constitution of India, the Petitioners are challenging the orders dated 20.02.2010 (Annexure BBBB) and dated 20.01.2012 (Annexures EEEE to GGGG). The Petitioners are seeking a declaration from this Court that their proposal in respect of the immovable property being CTS Nos. 599, 658 and 631 is first in point of time and prior to all other proposals in respect of these plots. In furtherance thereof, the Petitioners are seeking a writ of mandamus or any other writ, order or direction in the nature of writ of mandamus directing the Respondent Nos. 3 to 5 and 10 to forthwith process and grant approval to or in any event to consider and decide their proposal or scheme for redevelopment of the slums, namely, Ambedkar Nagar, Shri Ganesh Murti Nagar and Colaba Rajak Co-operative Housing Society situate on plots bearing CTS Nos. 599, 631 and 658 of BBR-VI, including issuance of Annexure-II independently of the proposals of the Respondent Nos. 6 to 8 and 11 or any other party. The other prayers are ancillary or incidental to these main reliefs. The Writ Petition is filed in this Court on 28.03.2012 and later on it was amended on 17.05.2012.

(2.) It is common ground that the Petitioner No. 1 is a private limited company incorporated under the provisions of the Indian Companies Act, 1956, claiming to be engaged in construction and development of buildings and properties including reconstruction of slums and dilapidated buildings under the provisions of the Maharashtra Slum Areas (Improvement, Clearance & Development) Act, 1971 (for short "the Slum Act"). The Petitioner No. 2 is the Managing Director of the Petitioner No. 1.

(3.) The Respondent No. 1 to this Writ Petition is the State of Maharashtra under whose power and authority the Respondent Nos. 2, 3 and 4 are formed. The Respondent No. 2 is the High Power Committee, Government of Maharashtra formed pursuant to the judgment of this Court in Tulsiwadi Navnirman Co-operative Housing Society Limited & another v. State of Maharashtra & others in Writ Petition No. 1326 of 2007, 2007 6 MhLJ 851 . The Respondent No. 3 is the Mumbai Metropolitan Region Development Authority (for short MMRDA), a statutory body formed under Section 3(1) of the Mumbai Metropolitan Region Development Authority Act, 1974 (for short "MMRDA Act") read with Section 40 of the Maharashtra Regional and Town Planning Act, 1966 and by a notification dated 15th June, 1983 it is appointed as the Special Planning Authority for Backbay Reclamation area. The Respondent No. 4 is the Commissioner of MMRDA, appointed and having its powers and functions under the provisions of the Bombay Municipal Corporation Act, 1888 and by a notification in the Official Gazette dated 9th January, 2003, is deemed to be a Slum Rehabilitation Authority with all the powers and duties of the Slum Rehabilitation Authority under the Slum Act. The Respondent No. 5 is the Slum Rehabilitation Authority (for short "SRA") formed under the provisions of the Slum Act. The Respondent No. 6 is a builder and/or developer carrying on business in the name of M/s. Sneh Developers. The Respondent No. 7 is also a builder carrying on business in the name of M/s. Doshi Darshan Group. The Respondent No. 8 is a builder and/or developer carrying on business in the name of M/s. Shreelekha Enterprises Pvt. Ltd. It is stated that the Respondent Nos. 6 to 8 are interested in and have submitted their plans for redevelopment of the slum at Backbay Reclamation VI. The Respondent No. 9 is a former Municipal Corporator and is the "advisor" to two Organizations, namely, Manav Seva Samiti and Shivaji Banjara Seva Society, who claim to be interested in the redevelopment of the said slum at Backbay Reclamation VI. The Respondent No. 10 is the competent authority appointed by the Government of Maharashtra in exercise of its powers under Section 3 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971) (As amended by the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Amendment and Continuance) Ordinance, 2001 (Mah. Ord. XXVII of 2001) promulgated on 24th August, 2001 in supersession of the Government Notification, Housing and Special Assistance Department No. Suvidha. 1294/CR-3582/Slum-1 dated 26th March, 1998 in respect of the said slum area in the present Writ Petition. The Respondent No. 11 is the Company incorporated and registered under the Indian Companies Act, 1956 and is a 100% subsidiary of Shapoorji and Pallonji & Company Limited. The Respondent No. 11 is engaged in the business of real estate development who apparently has also filed a proposal before the SRA in respect of the said slums.