RAM SAJIVAN GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioners have challenged the State Government Resolution dated 15th November, 2007 as well as Government Resolution dated 12th March, 2009. The Government Resolution dated 15th November, 2007 has been purportedly issued on the basis of the directions issued by the Full Bench of this Court on 1st November, 2007 in Writ Petition No. 1326 of 2007. Under the said Notification, a committee described therein as High Level Committee or High Power Committee (in short 'HPC') was constituted. The HPC was constituted to look into the illegalities under the Slum Rehabilitation Scheme in relation to a property known as Tulsiwadi in Mumbai. On the basis of the order dated 18th December, 2008 passed by this Court on Notice of Motion No. 126 of 2007 taken out in the said Writ Petition No. 1326 of 2007, another HPC was constituted. The HPC was empowered to look into all the grievances of the slum dwellers in relation to Slum Rehabilitation Scheme. It was directed that the HPC shall hold minimum two meetings every week. It was clarified that the HPC will discharge quasi-judicial functions. Apart from the challenge to the aforesaid two resolutions, a prayer was made for referring the following questions to the Larger Bench of this Court which may be constituted by the Hon'ble the Chief Justice;

(2.) We have heard the learned A.G.P. for the State Government, the learned Counsel for the Municipal Corporation and the learned Counsel for the respondent Nos. 7 and 8. They have supported the impugned notifications constituting the HPC. The learned A.G.P. for the State pointed out that now the Slum Act has been amended by Maharashtra Act No. 11 of 2011 and the Grievance Redressal Committee has been constituted under the said statute. It was pointed out that all disputes in relation to the eligibility of slum dwellers, transit accommodation etc., will have to go before the Grievance Redressal Committee.

(3.) We have carefully considered the submissions. We have perused the Judgment and Order dated 1st November, 2007 in the case of Tulsiwadi Navnirman Co-operative Housing Society delivered by a Full Bench of this Court. It will be necessary to make a reference to paragraphs 114 and 115 of the said decision which read thus: