PRITHVI INFRA PROJECTS Vs. APEX GRIEVANCE REDRESSAL COMMITTEE

JUDGEMENT

(1.) The petitioner, who is a developer seeks to impugn order dtd. 2/8/2023 passed by respondent No.2 - Chief Executive Officer, Slum Rehabilitation Authority ("CEO, SRA" for short) exercising power under Sec. 32 of the Maharashtra Slums Areas (Improvement, Clearance and Redevelopment) Act, 1971 ("the Slums Act" for short) and order dtd. 13/2/2024 passed by the respondent No.1 - Apex Grievance Redressal Committee ("AGRC" for short) in Application No.190 of 2023.

(2.) Land bearing F.P. No.663 of Town Planning Scheme No. III, Mahim Division at Kapad Bazar Road, Mahim (West), Mumbai 400 016 in G/North Ward area admeasuring 1961.55 sq. mtr. ("the said property" for short) belonging to the Municipal Corporation of Greater Mumbai ("MCGM" for short) is occupied by slum dwellers and censused in the records of the MCGM.

(3.) On 24/8/1960, the Government of Bombay vide Notification sanctioned a Town Planning Scheme demarcating a "garden" on the said property. On 8/5/2018, the State Government, by Notification, granted sanction under Sec. 31(1) of the Maharashtra Regional Town Planning Act, 1966 ("MRTP Act" for short) to the revised Development Plan of Greater Mumbai wherein the said property is designated as R.R.2.1 (Rehabilitation and Resettlement). On 30/10/2019, the slum dwellers on the said property came together. They formed Millet-ESociety by holding general body meetings and, by the majority, appointed the petitioner as its developer for implementing the Slum Scheme (DCR-33(10) Scheme). On 28/11/2019, the petitioner and Millat-E-Society filed a proposal with the Slum Rehabilitation Authority ("SRA" for short). On 4/12/2019, Millat-E-Society, through its officer bearers, executed a development agreement in favour of the petitioner for implementing the Slum Rehabilitation Scheme ("SR Scheme" for short). On 28/2/2020, the District Superintendent of Land Record - SRA granted NOC for the SR Scheme through the petitioner. On 11/3/2020, the Cooperative Department - SRA granted no objection to implementing the SR Scheme. On 11/3/2020, the Deputy Collector (Mumbai City) - SRA granted NOC to implement the SR Scheme. On 24/9/2020, SRA prepared the financial status of the developer (Annexure-III), holding that the petitioner has sufficient net worth for implementing the SR Scheme. On 7/4/2022, the petitioner paid scrutiny fees to the SRA. On 8/4/2022, SRA issued an acceptance letter in favour of the petitioner for implementing the SR Scheme on the said property.