O.P. Mishra And 4 ORS. v. The State Of Maharashtra And 3 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2530 OF 2006 ...

O.P. Mishra & Ors.

..... Petitioners V/s The State of Maharashtra & Ors.

..... Respondents ...

Mr. D.P. Singh for Petitioners.

Mr.R.J.Mane,AGP for Respondents Nos. 1 & 2.

...

CORAM : A.A. SAYED, J.

DATED : 22 APRIL 2015 P.C.

This Petition impugns the order dated 1 July 2003 passed by the Maharashtra Slum Areas (I.C.& R.) Tribunal, Mumbai setting aside the slum area declaration Notification No.DC/ENC/A-43 dated 28 October 1997 in respect of property being Survey No.57 (part), C.T.S.No.768 (part) and 769, 769/1 to 10.

2.

Learned Counsel for the Petitioners states that the Petitioners would be satisfied if the fresh survey is carried out to determine whether the area in question can be declared as slum area. 3.

Learned AGP, on instructions from the concerned Deputy Collector, states that the Authorities are willing to carry out a fresh survey in respect of the said property and shall take further steps expeditiously as regards the declaration of slum area, if the requirements of the subject properties as slum area are found existing.

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In the circumstances, the Petition is disposed of by accepting the statement of the learned AGP. The CEO, SRA to take appropriate decision expeditiously in respect of the slum declaration, after the survey has been carried out and on the basis of Reports and material placed before him.

(A.A. SAYED, J.) kambli 2/2