AKRUTI NIRMAN PUT LTD Vs. BRIHANMUMBAI MAHANAGAR PALIKA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The appeal is filed by the builder challenging the order of the Additional chief Judge of Small Causes Court dated 31-3-2000 in Appeal No. 19 of 2000 under section 217 of the Mumbai Municipal Corporation Act, 1888, and in which the order of assessment passed by the respondents Officer on 10-8- 1999 was in question. That order of the respondents was refusal to entertain the complaint of the appellants and confirming rateable value.

(3.) Following are the facts giving rise to the disputed question : a huge slum was existing on plot bearing C. T. S. Nos. 426 (part) 428 to 430, 432 to 437, Siwadi Village, Andheri (East) , Mumbai, K/east Ward. It was proposed to implement a scheme for slum rehabilitation by the Government of Maharashtra under Development Control Rules, 33 (5) to 33 (1). The letter of intent therefore was given by the SRA-Slum Rahabilitation Authority to the appellants. The entire land on which the slum was situated was owned by the Government of Maharashtra. The property vested in the Government of Maharashtra.