UGRASEN NANDLAL Vs. DY. COLLECTOR

JUDGEMENT

(1.) BY this petition, the petitioner Ugrasen Nandlal challenges the order dated 3rd June 1995 passed by the President, Maharashtra Slum Areas (I.C.& R.) Tribunal, Bombay in Appeal No.98/1994. That appeal was filed by the petitioner and one Smt. Indirarani Ugrasen, challenging the declaration dated 13th September 1993 made by the Dy.Collector and Competent Authority, declaring the land bearing C.T.S. No. 35/Pt. of village Kurar and C.T.S. 345/196 to 216 of Village Kurar, Tal.Borivali in B.S.D. as a slum area under section 4(1) of the Maharashtra Slum Areas (I.C.& R.) Act, 1971. It appears that the said declaration was made, in relation to the above referred land, earlier by the competent authority. However, in appeal filed by the petitioner, that declaration was set aside and further liberty was granted to the competent authority to initiate proceedings for making a fresh declaration. Therefore, the proceeding were again initiated. The competent authority also inspected the site and thereafter the declaration was made. Against that declaration, in the appeal filed by the petitioner, the Appellate authority has considered in detail the inspection report of the competent authority and other documents. The appellate authority on the basis of these documents had come to the conclusion that the competent authority was perfectly justified in declaring the above referred land which are owned by the petitioner as slums. I find in the record that the competent authority after inspecting the site has observed thus:-

(2.) IN the face of these observations, in my opinion no fault can be found with the orders passed by the competent authority which are impugned in this petition.

(3.) THE petition is, therefore, fails and is dismissed. Rule discharged with no order as to costs.