RAMKALI SITARAM KUSHAWAHA Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) HEARD the learned Advocates for the parties. Perused the records. Rule. By consent, the rule made returnable forthwith and taken up for final disposal.

(2.) THE petitioners challenge the order and the notification issued under section 14 (1) of the Maharashtra Slum Areas (Improvement, Clearance and redevelopment) Act, 1971, hereinafter called as "the said Act", contending that the same are in contravention of the provisions of the said Act.

(3.) THE subject matter of the dispute relates to the piece of land bearing cts No. 101 and 10171 to 1-8 and a structure, standing thereon situate at anand Nagar, Sanman Singh Marg, Bhandup (West) of village Kanjur, Taluka kurla, Mumbai Suburban District. The petitioners claim to be the lessees in respect of the said land admeasuring 1633 sq. yards and the owners of the structures of four chawls constructed therein. By Notification dated 16/09/1976, the said property was sought to be declared as the slum area under section 4 of the said Act. However, in Appeal No. 38 of 1982, by an order dated 28th October, 1983, the said declaration was set aside. Thereafter by notification dated 16/08/1995 published in the Government gazette dated 31/08/1995 the said property was again declared as the slum area under section 4 of the said Act. The same was followed by Show cause Notice dated 29/11/1996 under section 14 (1) of the said Act calling upon the petitioners to show cause as to why the said property should not be acquired for the purpose specified in the show cause notice. The petitioners objected to the said acquisition by reply dated 20/12/1996. It was specifically contended that the respondents had not issued any notice under section 5 of the said Act prior to the proposed action for acquisition of the area under section 14 (1) of the said Act. Nearly after a lapse of five years therefrom, another notice under section 14 (1) was sought to be issued on 17/06/2001 which was also replied by the petitioners by their letter dated 30th June, 2001 again reiterating that there had been no notice issued under section 5 (1) of the said Act before issuance of Show Cause Notice dated 7/06/2001. Meanwhile the petitioners also filed appeal under section 4 (3) challenging the declaration under section 4 of the said Act. However, the same was dismissed by the Tribunal by its order dated 8th March, 2002. The writ Petition No. 6890 of 2002 preferred by the petitioners against the order of the Tribunal was also rejected by this Court by an order dated 1st July, 2003. Thereafter, the impugned notification came to be issued on 30th May, 2003 on the basis of the show cause notice dated 2/12/1996. Hence, the present writ petition.