SHREEJI CONSTRUCTION Vs. STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) Rule. Considering the nature of the challenge raised, made returnable forthwith and heard.

(2.) The Writ Jurisdiction of this court is invoked against the order dated 25-22-016 passed by the Hon'ble Minister for Revenue, Government of Maharashtra, by which order the Hon'ble Minister has ordered statusquo in respect of the possession of the Respondent No.5 herein pending the proceedings. The Respondent No.5 had his structure in CTS Nos.1110(part) and 1111 (part) of Mauje Kandivali, Taluka Borivali. The said lands are part of a slum redevelopment scheme which is implemented by the Petitioner herein. In so far as the said scheme is concerned, since the lands in question belonging to the Municipal Corporation of Greater Mumbai (for short the MCGM), Annexure II containing the list of eligible slum dwellers was finalised by the Competent Authority of the MCGM i.e. the Assistant Commissioner, "R" south ward, Mumbai. The Respondent No.5 is an eligible slum dweller, who is entitled to allotment of permanent alternate accommodation. In view of the fact that the Respondent No.5 was not vacating the structure in question and thereby impeding the implementation of the said slum redevelopment scheme, a notice dated 26-11-2010 under Sections 33 and 38 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short the Slum Act) came to be issued to the Respondent No.5 calling upon him to vacate the structure in question. The said notice resulted in the proceedings for eviction being initiated against the Respondent No.5 culminating in the order dated 17-1-2011 passed by the Competent Authority i.e. the Assistant Commissioner (R/South) MCGM. The Respondent No.5 aggrieved by the said order challenged the same before the Divisional Commissioner, Konkan Division, who was at the said time the Appellate Authority to consider the Appeals filed against the orders passed under Sections 33 and 38 of the Slum Act. The said Appeal came to be dismissed by the Divisional Commissioner by order dated 25-10-2012. It appears that after the order was passed by the Divisional Commissioner in Appeal, the Respondent No.5 approached the then Hon'ble Minister of State for Revenue and Rehabilitation, Government of Maharashtra by way of a Revision. The Hon'ble Minister of State for Revenue admitted the Revision filed by the Respondent No.5 by his order dated 2-11-2012 and thereby stayed the order dated 25-10-2012 passed by the Divisional Commissioner, Konkan Division.

(3.) This gave rise to the Petitioner herein filing Writ Petition (L) No.2952 of 2012 in this Court. The said Writ Petition was disposed of in view of the fact that the Learned Counsel appearing for the Respondent No.5 in the said Writ Petition was unable to substantiate the maintainability of the Revision before the State Government i.e. the Hon'ble Minister of State for Revenue. The Learned Counsel therefore sought leave to withdraw the said Revision filed before the Minister to adopt appropriate remedy before the appropriate forum. In view of the withdrawal of the said Revision Application, the said Writ Petition was accordingly disposed of. After the said Writ Petition (L) No.2952 of 2012 came to be disposed of, the Respondent No.5 filed Writ Petition (L) No.3043 of 2012 challenging the order dated 25-10-2012 passed by the Divisional Commissioner, Konkan Division, dismissing the Appeal filed by him under Section 35 of the Slum Act. The said Writ Petition came to be dismissed by this court (R. M. Savant J.) by order dated 11-1-2013. In the context of the present Petition what is required to be noted is that in the said order dated 11-1-2013, the quote from the order passed by a Division Bench of this Court in the Writ Petition filed by the Respondent No.5 herein being Writ Petition No.2843 of 2003 was reproduced. The same is once again reproduced hereinunder for the sake of ready reference :