M/S Shakti Sra Co Opeative Housing Society Ltd And ANR v. Chief Executive Officer And The Secretary And 8 Others

901-wp 430-17 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L.) NO.430 OF 2017 M/s.Shakti SRA Co-operative Housing Society Ltd. & Anr.

..Petitioners Vs.

The Chief Executive Officer and the Secretary, SRA & Ors.

..Respondents ----- Mr.S.G. Kudle for Respondent Nos.4 to 8.

Mr.M.M. Vashi, Senior Advocate, with Ms.Aparna Deokar for Petitioners.

Mr.A.A. Desai for Respondent No.1-SRA.

Mr.Kunal Bhange, AGP for Respondent Nos.2 and 3. Mr.Sagar Patil for MCGM.

----- CORAM :

SHANTANU S. KEMKAR AND G.S. KULKARNI, JJ.

DATE : 29th NOVEMBER 2017 P.C.:

In this petition, the challenge is to the order dated 31st January 2017 passed by the Secretary, SRA, holding the respondent Nos.4, 5, 7 and 8 as eligible slum dwellers under the SRA Scheme of M/s.Shakti Property Developers Pvt. Ltd. on a plot of land bearing Survey No.263 (Part), CTS No.6A (Part) of Village Malvani, Taluka Borivali.

2.

Undisputedly, against the said order, the petitioners have got remedy of filing appeal as provided under Section 35 of the

901-wp 430-17 Maharashtra Slum Areas (Improvement, Clearance And Redevelopment) Act, 1971.

3.

In the circumstances, we dispose of this petition with liberty to the petitioners to challenge the said order before the appellate authority. In case the petitioners file the appeal within two weeks from today, the same shall not be dismissed by the appellate authority on the ground of limitation.

4.

We expect that the appellate authority will decide the petitioners' appeal as expeditiously as possible, but in any case not later than 4 months from the date of filing of the appeal. 5.

All the contentions of the parties are kept open. 6.

The Writ Petition is disposed of.

7.

Parties to act on the authenticated copy of this order. [G.S. KULKARNI, J.] [SHANTANU S. KEMKAR, J.]