YOGESH CHANDULAL MEHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Mr. Abhay Patki waives service on behalf of State. Mr. Abhijeet Desai waives service on behalf of Respondent No.2-SRA. Mr. Cherag Balsara waives service on behalf of Respondent No.4. Mr. Yogesh Patil waives service on behalf of Respondent No.6. Rule is made returnable forthwith. By consent of parties, taken up for final hearing.

(2.) The Petitioners in Writ Petition No. 2338 of 2017 filed under Article 226 of the Constitution of India have prayed for a Writ of Certiorari for quashing and setting aside the impugned Notification dtd. 17/11/2016 issued under Sec. 14(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short "Slum Act ") to the extent of acquisition of Petitioner 's land bearing CTS No. 31 (part), admeasuring near about 3705.2 sq.mtrs of Village Dindoshi, Taluka Borivali, District Mumbai and also for quashing and setting aside the impuged Notice dtd. 20/3/2017 and impugned Award dtd. 20/6/2017 passed under Sec. 17 of the Slums Act to the extent of the writ property. The Petitioners also pray for writ of mandamus against the Respondents not to act upon the impugned Notification dtd. 17/11/2016 and not to grant/issue any further permission/s in favour of the Respondent No.4 for implementation of the Slum Rehabilitation Scheme on the writ property.

(3.) The Petitioners are the owners of the writ property. On 27/10/1977, SRA issued a Notification under Sec. 4 of the Slums Act and published in the official Gazette declaring that the writ property as slum area. It is the case of the Petitioners that on 19/9/1985 by Articles of Agreement, the Petitioners purchased the writ property from the original owner Mr. Venilal J. Kanthara by paying valid consideration to him. The said Article of Agreement dtd. 19/9/1985 was duly registered with the Office of Registration on 5/10/1985. The Index-II was issued by the Competent Authority showing names of the Petitioners as the owners of the writ properties. The property card was also issued in respect of the writ property showing the names of the Petitioners as the owners.