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High Court Bombay High Court

Maharashtra Slum Rehabilitation Act Redevelopment Case: Compliance, Delays, and Judicial Decisions in Urban Renewal Efforts

by Admin

Summary of Judgement

The redevelopment case under the Maharashtra Slum Rehabilitation Act:

Involving multiple parties including developers, municipal authorities, and cooperative housing societies. The case centers around issues of compliance, delays, and statutory requirements in a redevelopment project, highlighting legal battles, procedural challenges, and judicial interventions over several years.

1. Introduction and Parties Involved

Overview of the legal proceedings involving multiple respondents and petitioners in a redevelopment dispute.

2. Background and Chronology of Events

Initiation of redevelopment schemes under DCR 33(7) and 33(10) by various societies and developers.

Legal challenges and court interventions dating back to 2009.

3. Contentions of Mr. Bharucha, Advocate for Respondent No.7

Arguments on compliance with procedural requirements and document submissions.

Allegations of neglect and non-cooperation by statutory authorities despite efforts by Respondent No.7.

4. Key Legal Proceedings and Orders

Overview of writ petitions filed, court directions, and subsequent judgments affecting the redevelopment process.

Specific mention of orders impacting the roles of statutory authorities and developer rights.

5. Detailed Examination of Issues Raised

Scrutiny of LOI issuance, Annexure II requirements, and roles of SRA and MCGM.

Allegations of malafide exercise of power and procedural lapses in approvals and notices.

6. Decision and Appeals

Focus on termination of Respondent No.7 and subsequent legal challenges.

Examination of appellate authority's judgment overturning termination and reinstating Respondent No.7.

7. Conclusion and Recommendations

Call to dismiss writ petition against Respondent No.7 and uphold the appellate authority's decision.

Arguments by advocates representing different parties in the case.

Main Content Highlights

Initiation and legal battles over compliance and documentation for redevelopment schemes.

Judicial scrutiny of statutory authority actions and decisions.

Allegations and defenses regarding delays, non-cooperation, and procedural lapses.

Key court orders impacting developers and statutory authorities' obligations.

The main arguments, procedural details, and judicial discussed in the related to the redevelopment case.

Case Title: Renaissance Buildcon Versus The Chief Executive Officer SRA & Ors.

Citation: 2024 Lawtext (BOM) (6) 108

Case Number: WRIT PETITION NO.2246 OF 2023 WITH WRIT PETITION NO.2247 OF 2023 WITH INTERIM APPLICATION NO.2645 OF 2020

Advocate(s): Mr. Ravi Kadam, Senior Advocate with Mr. S. G. Surana i./by Madhur Surana, Advocates for Petitioner in Writ Petition No.2246 of 2023.  Mr. Ashish Kamat, Senior Advocate with Mr. C. N. Gole, Advocate for Petitioner in Writ Petition No.2247 of 2023.  Mr. Jagdish G. Aradwad a/w. Ms. Aswini Jadhav, Advocates for Respondent No.1 – SRA.  Mr. Hemant Ghadigaonkar, Advocate for Respondent No.5.  Mr. Firoz Bharucha a/w. Ziyad Madon, Ravi Gandhi, Rashmin Jain and Mr. Prathmesh Jadhav i./by Kanga & Co., Advocates for Respondent No.7.  Mr. Vijay Patil, Advocate for Respondent No.8 – AGRC.  Mr. Anil Sakhare, Senior Advocate a/w. Mr. Sagar Patil and Ms. Shilpa Puranik, Advocate for Respondent No.2 – MCGM.

Date of Decision: 2024-06-10