RAMNIKLALBHAI V SHAH Vs. MAHARASHTRA SLUM AREAS IMPROVEMENT CLEARANCE AND RE DEVELOPMENT TRIBUNAL BOMBAY

JUDGEMENT

(1.) MR. Oka, learned counsel for the petitioners has filed Counsel Note today stating therein that petitioner No. 1 has expired and his name may be deleted from the array of parties. In view of the Counsel Note submitted by the learned counsel for the petitioners, name of petitioner No. 1 Ramniklalbhai is allowed to be deleted from the array of parties. The learned Counsel for petitioners is directed to carry out the necessary amendment in the array of parties forthwith.

(2.) HEARD the learned counsel for the parties.

(3.) MR. A. B. Oka, learned Counsel for the petitioners, vehemently contends that the order passed by the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal, Bombay on 22-8-1990 in Appeal No. 6/89, 7/89, 78/89, 79/89, 80/89,81/89 and 83/89 cannot be sustained being in contravention of sub-section (4) of section 4 of The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short, the Slum Areas Act 1971 ). According to the learned Counsel, the order passed by the Maharashtra Slum Areas Tribunal on 22-8-1990 in Appeal No. 7/89 deserves to be quashed and set aside and the matter be sent back to the said Tribunal for proceeding with the appeal in accordance with law and upon compliance of sub-section (4) of section 4 of the Slum Areas Act, 1971, the appeal be heard and decided afresh.