PANT NAGAR MAHATMA PHULE CO-OP. HSG. SOCIETY LTD. AND ORS. Vs. MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY AND ORS.

JUDGEMENT

(1.) IN both Writ Petitions, Petitioner No. 1 is a Co -operative Housing Society and Petitioner Nos. 2 to 8 are members thereof and occupants of the property bearing C. T. S No. 190/1 to 8 at village - Ghatkopar, Taluka - Kurla, Mumbai Suburban District, admeasuring approximately 958.75 sq. mtrs. (hereinafter referred to as the "said property"). Writ Petition (L) No. 2605 of 2015 has been filed under Article 226 of the Constitution of India seeking a direction against the State Government to forthwith constitute and notify the Grievance Redressal Committee (GRC), as defined under Section 2(c -c) read with Section 35(1A) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (hereinafter referred to as "Slum Act"). The Petitioners have also prayed that the interim protection granted to the Petitioners be extended till the constitution of the GRC and till its Appeal before it is taken for admission. The alternative prayer sought is for a declaration that the said property is not a "Census Slum Colony" within the meaning of "Census" under Regulation 33(10) of the Development Control Regulation, 1991 ("DCR, 1991"). As a consequence, challenge is also laid to the common eviction order dated 11th June, 2015 passed by Respondent No. 3 under Sections 33 and 38 of the Slum Act as well as the order dated 10th August, 2015 passed in Appeal from the common order of eviction.

(2.) AS far as Writ Petition 2042 of 2015 is concerned, the Petitioners have (i) challenged the letter dated 22nd May, 2015 (Exh. B. thereto) issued by Respondent No. 3 [Dy. C.O. - EM], and (ii) sought a direction to the Mumbai Housing and Area Development Board to execute in favour of the Petitioners, a conveyance deed of the superstructures on the said property, as well as a lease agreement in relation to the said property. Since the Petitioners have filed both Writ Petitions, and the facts are also the same, by consent of parties, both Writ Petitions are being disposed of by this common order and judgment.

(3.) ON the basis that the Petitioners find place in Annexure -II, the Competent Authority (Respondent No. 3) passed the impugned eviction order dated 11th June, 2015 under Sections 33 and 38 of the Slum Act for the purposes of implementing the Slum Rehabilitation Scheme. This eviction order dated 11th June, 2015 was confirmed by the Appellate Authority (Respondent No. 2) vide its order dated 10th August, 2015 in Appeal No. 61 of 2015. It is in these circumstances that the Petitioners have approached this Court, inter alia, challenging the said orders.