ALLAN SEBASTIAN DSOUZA Vs. MAHARASHTRA SLUM AREAS

JUDGEMENT

(1.) The Petitioners are impugning an order dtd. 15/11/2021 ( "the Impugned Order ") passed by Respondent No.1 i.e. the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal. By the impugned order Respondent No.1 has dismissed the Petitioners ' Application seeking condonation of delay in filing an Appeal under the provisions of Sec. 4(3) read with Sec. 45 (1A) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 ( "the Slums Act "). The Petitioners had in the said Appeal challenged the declaration of land bearing CTS No.1056A (part), admeasuring approximately 250 sq.mtrs of Village Kanjur, Taluka Kurla, Mumbai Suburban District, situated at Village Kanjur, Kanjur East, Mumbai 400 042 ( "the said land ") as a slum.

(2.) The brief facts as set out in the Petition are as follows:-

(3.) At the very outset, Mr. Kamat, Learned Senior Counsel pointed out that Respondent No.1 had initially heard and thereafter allowed both the Application for Condonation of Delay as also the Appeal on merits. Learned Senior Counsel then invited my attention to the order dtd. 29/6/2012 by which Respondent No.1 had initially condoned the delay in filing of the Appeal and pointed out therefrom that the same specifically recorded that Respondent No. 2 had accepted the Petitioners contention that no notice had been served upon the Petitioners nor had the Petitioner been granted an opportunity of being heard before the said land was declared as a slum. He submitted that it was in this factual scenario that Respondent No. 1 had initially condoned the delay after recording as follows viz.