MOGHIBEN BHACHUBAI GAMI Vs. APEX GRIEVANCE REDRESSAL COMMITTEE

JUDGEMENT

(1.) This is a typical dispute amongst the slum dwellers/structure occupiers over choice of developer for implementation of Slum Rehabilitation Scheme. Petitioners, who claim to be eligible slum dwellers, are aggrieved by the appointment of Respondent No.7-Aquarock Buildcon Pvt. Ltd. for implementation of Slum Rehabilitation Scheme. Accordingly they have challenged Minutes of the Meeting dtd. 17/1/2023 selecting Respondent No.7 as the developer for the Project. The Appeal preferred by the Petitioners before the Apex Grievance Redressal Committee has been rejected by Order dtd. 5/6/2023, which is also subject matter of challenge in the present petition. Also challenged is the No-Objection Certificate (NOC) issued by the Municipal Corporation of Greater Mumbai (MCGM) and final Annexure-II dtd. 26/9/2022 issued by the MCGM. Various other consequential and related prayers are also raised in the petition. Petitioners pray that a fresh General Body Meeting for appointment of developer and architect be conducted by giving opportunity to all the structure occupiers to vote in such meeting.

(2.) Two principal issues that arise in the petition are:

(3.) To answer the issues, a brief narration of facts would be necessary. Land bearing CTS Nos. 2839 and 2839/1 to 13 situated at Village- Malvani, Taluka- Borivali, Mumbai Suburban District is owned by MCGM, in which there are 45 structures. The adjoining land bearing CTS No.2840 is owned by the Central Government, in which there are 11 structures located. Out of the 45 structures located on land belonging to Municipal Corporation, 16 structures are commercial and 29 are residential. Out of those 16 structures, there are 13 Shops located in structures belonging to MCGM and there is one Municipal Chowkey. MCGM has inducted Petitioner Nos. 1, 2, 4 to 7, 12, 14, 17, 23, 25 and 33 as municipal tenants in 12 out of those 13 shops. It is Petitioners' case that the developer who was previously appointed (Manthan Builders) had submitted Annexure -II including names of Petitioner Nos. 1, 2, 4 to 7, 12, 14, 17, 23, 25 and 33 (municipal tenants) as occupiers of their respective structures.