MUMTAZ H. KHOJA Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) By this Review Petition, the Petitioner seeks review of the Order dtd. 8/2/2024 based on the liberty granted by the Hon'ble Supreme Court by its order dtd. 23/8/2024. The Supreme Court granted liberty to the Petitioner (i) to bring to the notice of this Court her personal claim considering the reliefs sought, and (ii) to challenge the Order to be passed in the Review Petition before the Supreme Court.

(2.) Mr. Naphade, learned counsel for the Review Petitioner, submits that, in the Writ petition (which came to be dismissed), the Petitioner had sought (a) a direction to the Respondents to allot rehabilitation tenement under the subject slum scheme on the basis of her eligibility reflected in Annexure-II for her residential structure, and (b) arrears of rent towards temporary transit accommodation from 2009 till date. He points out that the Respondents have commenced allotment of rehab tenements to eligible slum dwellers, as the rehab buildings are ready for occupation. The grievance is that, despite repeated requests, no rehab tenement has been allotted to her. There is a genuine apprehension that allotment of all the rehab tenements is completed, the Petitioner will be permanently deprived of her entitlement.

(3.) Mr. Naphade submits that Respondent No.2, in its Affidavit in reply dtd. 5/2/2024, incorrectly stated that, the temporary alternate accommodation was provided to the Petitioner in Room No. G3, Building A/1/4. According to Mr. Naphade, this statement is demonstrably false since Room No.G3 was in fact allotted to Maulana Azad Social and Cultural Association Sanskar Urdu High School (a Trust) which appears independently in Annexure II at serial No.3658 for a non-residential structure. Thus, there exists two distinct entries in the Annexure-II - one in Petitioner's individual name for a residential structure, and the other in the Trust's name for non-residential structure. The Trust, in fact, has been provided with two premises, namely, Room No.G3 and Room No.G6. Reliance is placed on the Order dtd. 19/4/2021 passed by the Slum Rehabilitation Authority ("SRA") on the Trust's Application for payment of rent, which confirms this position.