DEVENDRA PARDESI Vs. TEHSILDAR

JUDGEMENT

(1.) Eleven Petitioners occupy various structures on a site that is of about 12000 sq mtrs or roughly three acres at Jogeshwari (E). There is a slum project being undertaken on this by the 2nd Respondent, Developer. The 3rd and 4th Respondents are the Societies.

(2.) The Petitioners say that their eligibility has not been decided. The Petition came up on 4/5/2023 before a Division Bench of KR Shriram and Rajesh S Patil JJ. The challenge was to a notice of 13/4/2023 under Ss. 33 and 38 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 ("the Slum Act"). The complaint at that time was that the Petitioners' structures had not been surveyed and that their eligibility had not been decided.

(3.) The oral submission was found to be incorrect because the Petition itself accepts in paragraph 5 that a survey has been done. Of the 272 people on site, 90 were found to be eligible. About 180 persons did not cooperate.