PRIYA CONSTRUCTION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has approached this Court in the present writ petition, alleging that the manner in which the impugned minutes of decisions dtd. 7/10/2024 and 15/7/2024, as also the order dtd. 11/10/2024, have been issued by the respondents, demonstrates that the respondent-State and statutory authorities have already taken a decision to terminate the appointment of the petitioner as developer for redevelopment of a particular piece and parcel of plot, rendering a proceeding pending under Sec. 13(2) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (hereinafter referred to as the Act), as a mere formality, thereby violating the valuable rights vested in the petitioner. It is alleged that respondent Nos.4 to 8 have acted in concert with the said statutory authorities i.e. respondent Nos.1 to 3, to illegally benefit respondent No.9, the developer, who is sought to be brought in by the said respondents in a clandestine manner to take over the redevelopment project.

(2.) It is the case of the petitioner that initially, only the final minutes of decision dtd. 7/10/2024 were challenged in the present petition because of willful suppression of material facts by respondent No.1-State from this Court. It was only when documents were obtained under the Right to Information Act, 2005 (hereinafter referred to as the RTI Act) that the impugned minutes of decision dtd. 15/7/2024 and order dtd. 11/10/2024 came to light, requiring the petitioner to extensively amend the present petition, in order to further demonstrate the arbitrary and malicious conduct of respondents.

(3.) The petitioner was appointed as developer under the Act for redevelopment of all those pieces and parcels of plots bearing CTS No.1322/1 (pt) of village Versova and some adjoining land, which entailed redevelopment for the benefit of 259 slum dwellers, who were members of four societies i.e. respondent Nos.4 to 8. Development agreements were executed between the petitioner and the said societies in the years 2004/2005.