Prime Arcade Pvt. Ltd. v. Slum Rehabilitation Authority And 6 ORS.

Chittewan 1/2

25. WP 867-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.867 OF 2019 M/s Prime Arcade Pvt. Ltd.

...

Petitioner

Versus

Slum Rehabilitation Authority And Others ...

Respondents .....

Mr. Pravin Samdani, Senior Advocate a/w Mr. S.G. Surana I/b Mr. C.N. Gole for the Petitioner.

Mr. Vijay D. Patil for Respondent Nos.1, 2 and 7. Mr. Arun Panickar a/w Mr. Mangesh Sawant I/b Mr. Ritesh K. Jain for Respondent Nows.5 and 6.

.....

CORAM : S.C. GUPTE, J.

DATE : 15 APRIL 2019 P. C. :

.

This writ petition challenges an order passed by Apex Grievance Redressal Committee ("AGRC") on 7 December 2018. By the impugned order, AGRC declined to grant any ad-interim relief to the Petitioner, who was the appellant before it. The controversy concerns the proposed termination of the Petitioner's engagement as a developer of a slum rehabilitation project under Section 13 (2) of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 ("Slum Act"). After the matter has been heard at some length, it is agreed between learned Counsel for both parties that the petition may be disposed of by directing AGRC to decide the main matter in a time bound manner and in the meantime, no LoI may be issued to the new developer and no change be made to the site conditions as of today. Accordingly, the impugned

Chittewan 2/2

25. WP 867-19.doc order of AGRC dated 7 December 2018 is quashed and set aside. AGRC is directed to dispose of the main challenge before it within a period of four months after an authenticated copy of this order is pointed out to Secretary, AGRC. Both parties shall, for that purpose, appear before Secretary, AGRC on 22 April 2019 at 11.00 a.m. and produce an authenticated copy of this order. Pending disposal of the appeal by AGRC, no LoI shall be issued by CEO, SRA in favour of any other developer. So also pending hearing and final disposal of the appeal by AGRC, no change shall be made to the site conditions obtaining as of today. It is clarified that further exercise in respect of finalization of Annexure II, concerning the project, may go on without any interruption. All rights and contentions of the parties on merits are kept open, to be agitated before AGRC. The petition is disposed of in the above terms.

(S.C. GUPTE, J.)