Rajendra Narayan Rane v. State Of Maha. Sec. Ministry Of Housing And ORS

34-ASWP-5024-2023.DOC Ashwini V

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5024 OF 2023 Rajendra Narayan Rane

...Petitioner

Versus

State of Maharashtra through its Secretary Ministry of Housing & Ors

...Respondents

Ms Minal Chandnani, i/b JS Chandnani, for the Petitioner. Mrs AA Purav, AGP, for the Respondent No.1-State. Mr Jagdish Reddy, with Abhijit Patil, for Respondent No.2-SRA. Mr Sanjay Jain, with Swapnil Bangur, for Respondent No.3-Developer.

CORAM:

G.S. Patel & Neela Gokhale, JJ.

DATED:

24th April 2023 PC:- 1.

On the face of it, the Petition is not maintainable. Prayer clause (a) seeks a declaration of tenancy. Prayer clause (b) is for an injunction against dispossession. These are not prayers that can be granted in our writ jurisdiction especially in the context of a Development Control Regulation 33(11) development where the Slum Rehabilitation Authority is only a Planning Authority or a Special Planning Authority.

2.

The Petition is rejected.

24th April 2023

34-ASWP-5024-2023.DOC 3.

The Petitioner is at liberty to pursue any alternative remedy that he may have in law.

(Neela Gokhale, J) (G. S. Patel, J) 24th April 2023