SLUM REHABILITATION AUTHORITY Vs. KANTABAI VASANT AHIR

JUDGEMENT

(1.) Rule in all the Petitions, with the consent of the Learned Counsel for the parties made returnable forthwith and heard.

(2.) The above Petitions take exception to the order dated 103.2015 passed by the Learned President of the Maharashtra Slum Areas (I.C. & R.) Tribunal in Appeal No.25 of 2014 and Appeal No.24 of 2014. By the said order, the said Appeals came to be partly allowed and the Slum Rehabilitation Area Declaration Order dated 24.05.2006 issued under Sec. 3C and the Slum Clearance Order under Sec. 3D of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (hereinafter referred to as "the Slum Act") to the extent of the area of 1045.50 sq.mtrs. came to be set aside. However the said Declaration and Clearance order was sustained in so as the area of 4123 sq.mtrs. is concerned.

(3.) The above Writ Petition No.8949 of 2015 and Writ Petition No.8948 of 2015 have been filed by the Slum Rehabilitation Authority, Pune ("SRA" for the sake of brevity) challenging the said orders dated 12.02015. The remaining two Petitions i.e. Writ Petition No.8946 of 2015 and 8947 of 2015 have been filed by the owner of the lands in question one Tukaram Sopanrao Mulik challenging the same order dated 12.02015 passed by the Slum Tribunal. Since the challenge in all the above Petitions runs parallel and since the Petitions involve common questions of fact and law, they are heard together.