A.H.WADIA TRUST Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Mr.Shastri, learned AGP waives service for the respondent no.1. Mr.Patil, learned counsel waives service for the respondent nos.2, 3 and 4. Mr.Sakhalkar, learned counsel waives service for the respondent nos.5 and 6. Rule is made returnable forthwith.

(2.) By this petition filed under Article 226 of the Constitution of India, the petitioners have prayed for a writ of certiorari for quashing and setting aside the impugned order dtd. 9/2/2017, report dtd. 9/2/2017 and the notification dtd. 23/5/2018 issued by the respondents.

(3.) The petitioners also prayed for a writ of mandamus for an order and direction against the respondent no.2 - Slum Rehabilitation Authority (SRA) and the respondent no.3 - Chief Executive Officer (CEO) to first accord/offer a reasonable opportunity to the petitioners to redevelop the said land in accordance with the law under the provisions of Sec. 13(1) read with Sec. 3D(b)(iii) and Sec. 3B(4)(c) of Chapter IA of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short "the Slum Act"). Some of the relevant facts for the purpose of deciding this petition are as under :-