Sayyaad Ahmed Shah v. States Of Maharashtra And ORS

WP.1861.2015.46.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1861 OF 2015 Sayaad Ahmed Shah } Petitioner versus State of Maharashtra and Ors.

} Respondents Mr. Rammurti D. Misra for the Petitioner.

Mr. Mohan Naik - AGP for Respondent Nos. 1, 2 and 3.

CORAM :- S. C. DHARMADHIKARI & G. S. PATEL, JJ.

DATED :- JANUARY 8, 2016 P.C. :- The challenge to the acquisition under section 41(1) of the Maharashtra Slums (Clearance, Improvement and Redevelopment) Act, 1971 is highly belated. The Petitioner claims to have constructed some structure on the land and stated to be assessed by the Municipal Corporation. However, from para 2 onwards, it is apparent that the Petitioner is really not concerned with the land. The Notification under section 4(1) of the Act, declaring the property as slum was published on 14th November, 1977. The Petitioner claims to be interested in the property, but is feigning ignorance about the acquisition proceedings which concluded by the Notification dated 2nd J.V.Salunke,PA

WP.1861.2015.46.doc September, 2011. In these circumstances and when the challenge is belated, we do not deem it fit and proper to entertain it. The Writ Petition is dismissed on the ground of delay and laches.

(G.S.PATEL, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA