Ahmed Hussain Son Of Majibullah Khan And ANR v. Slum Rehabilitation Authority And 5 ORS

8-WP-1397-2024.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1397 OF 2024 Ahmed Hussain Son of Majibullah Khan & Anr.

... Petitioners Vs.

Slum Rehabilitation Authority & Ors.

... Respondents _______ Mr. Yousuf Khan a/w Mr. Vijendra Rai i/b Khan & Khan Law firm & Mr. Prathmesh Kiwalkar for Petitioner.

Mr. Vijay Patil i/b Abhijit Patil for Respondent No.1 - SRA. Mr. Milind More, Addl. G. P. for State.

Mr. Jagdish G. Aradwad (Reddy) for Respondent No.2 - AGRC. Mr. Madhur Surana for Respondent No.5.

_______

CORAM:

G. S. KULKARNI & ARIF S. DOCTOR, JJ.

DATE:

06 AUGUST 2025 P.C.

1.

Stand over to 8 August 2025. We direct the Chief Executive Officer of SRA to visit the buildings in question and place on record the photographs of all these buildings and more particularly, the building which has been stated to be constructed illegally and occupied wherein a hotel business is being conducted that too in a place like Bandra-Kurla Complex. This really shocks our conscience, in as much as firstly, the scheme in question is a SRA scheme that too in a prime locality and in such scheme there is a whole building which has been illegally constructed, and above all it is commercially exploited in such manner. 2.

In such circumstances, the Chief Officer is under an obligation to visit the site and explain to the Court on such illegalities as to who are these occupants, why 06 August 2025 Kiran Kawre

8-WP-1397-2024.DOC no action was taken and as to how this building could be illegally constructed under the slum scheme. We shall pass further appropriate orders on such issues. 3.

The Chief Executive Officer shall avail of the police protection which be provided by the Officer in charge of the local Police Station. 4.

Let this exercise be done by Tomorrow i.e. 7 August 2025 at 3.00 p.m., as we want the Chief Executive Officer to examine the ground reality, considering the grievance of the petitioners that all such illegalities is happening with complete knowledge and/or tacit approval of the Slum Rehabilitation Authority and its officers.

5.

An affidavit along with the photographs be placed on record. 6.

The petitioner and/or his representative is permitted to also join the visit so as to point out the illegalities in the concerned buildings. The petitioner is also permitted to take photographs and during such visit, and would equally be entitled to the police protection, which be provided by the officer in charge of the concerned police station.

7.

Stand over to 8 August 2025.

(ARIF S. DOCTOR, J.) (G. S. KULKARNI, J.) 06 August 2025 Kiran Kawre Signed by: Kiran Kawre Designation: PA To Honourable Judge Date: 06/08/2025 20:44:29