Shree Sadguru And Deluxe Jv v. The State Of Maharashtra And 4 ORS

Y.S.Patil Corrected 5-WP(L)-1289-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1289 OF 2022 Shree Sadguru and Deluxe JV ... Petitioner

Versus

The State of Maharashtra and Ors.

... Respondents ****** Mr. Amogh Singh i/b Jeet Gandhi for the Petitioner. Ms. Uma Palsuledesai AGP for the Respondent-State. Mr.Yashodeep Deshmukh a/w Ms. Oorja Dhond for the Respondent-MCGM.

Ms. Sweta Shah i/b Abhijit Kulkarni for Respondent No. 2.-SRA. Mr. Jagdish Aradwad(Reddy) for Respondent-AGRC. Mr. Dharmesh B. Joshi with Mr. Satyapal Thosar i/b T. D. Joshi & Associates, for Respondent No.4.

****** CORAM: A. A. SAYED & ABHAY AHUJA, JJ.

DATE : 31st MARCH 2022 P.C. :- 1.

It is submitted by learned Counsel for the PetitionerDeveloper that only on account of the slum structures in the adjoining Slum Scheme, the Fire NOC is not being issued to the Petitioner-Developer.

2.

We record the statement of learned Counsel for Respondent No. 4-M/s Om Omega Shelters that out of the 18 slum structures, 6 slum structures have been proceeded against by SRA and notices have been issued in respect of those 6 slum structures. We are informed that some of those 6 slum structures have approached this Court.

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Y.S.Patil Corrected 5-WP(L)-1289-2022.doc 3.

We record the statement of learned Counsel for Respondent No. 4 that in the event of negotiations between Respondent No. 4 and the other slum structure holders fail, they will inform the SRA authorities accordingly within two weeks. 4.

We also record the statement of learned Counsel for Respondent No. 2-SRA that on being informed by Respondent No.4, the Respondent No. 2-SRA will issue notices under Section 33 and 38 of Slum Act to the said slum structure holders and take it to its logical conclusion. The Respondent-SRA shall endeavour to conclude the entire process not later than 8 weeks from today.

5.

Accepting the aforesaid statements of learned Counsel for Respondent No. 2 and 4, we dispose of the Writ Petition.

6.

We make it clear that the issue between the Petitioner and Respondent No. 4 as regards access is kept open. (ABHAY AHUJA, J.) (A. A. SAYED, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2022.04.13 14:46:51 +0530 NIKITA YOGESH GADGIL 2/2