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Bombay High CourtWP/4262/2025disposed off

Ramesh Dnyaneshwar Lande v. Grievance Redressal Committee

2025-04-01Hon'Ble Shri Justice Amit Borkar2 pages

11-wp4262-2025.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4262 OF 2025 Ramesh Dnyaneshwar Lande ... Petitioner V/s.

Grievance Redressal Committee & Ors.

... Respondents Mr. Rajesh R. Kanojiya i/by Mr. Rohan M. Surve for the petitioner.

Digitally signed by ATUL GANESH KULKARNI Date:

2025.04.01 16:59:42 +0530 ATUL GANESH KULKARNI Ms. Dhruti Kapadia, AGP for respondent No.1-GRC. Ms. Madhubala Kejle, 'B' panel counsel for the State.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 1, 2025 P.C.:

1.

Challenge in this writ petition under Article 227 of the Constitution of India is to an order passed by the Grievance Redressal Committee rejecting petitioner's claim in respect of structure which was subject-matter of proceedings. 2.

According to the petitioner, he is owner of Gat Nos.12 & 13, however, Grievance Redressal Committee ("GRC"), in the impugned order, based on survey conducted by the Authority, recorded a finding that the survey conducted by the Assistant Commissioner, and survey team of Municipal Corporation of Greater Mumbai ("MCGM") record existence of two huts. If the petitioner's grievance is in relation to existence of one or two

11-wp4262-2025.doc structures, remedy of the petitioner is somewhere else to challenge the survey conducted by the Assistant Commissioner, However, the GRC while adjudicating eligibility of the slum dweller is not entitled to enter into the validity or legality of survey conducted by the MCGM.

3.

Hence, the petitioner shall be entitled to raise challenge to the survey in an appropriate proceedings, and in case the petitioner succeeds in his challenge to the survey, it shall be open for the petitioner to raise it's claim as per the decision in challenge to the survey.

4.

The writ petition stands disposed of in above terms. No costs.

(AMIT BORKAR, J.)