Quashed

T. Krishnan v. the Secretary, Slum Rehabilitation Authority and Ors.

Bombay HC24 Jan 2011WP/10062/2009

Case brief

AI extract

What is this about?

Writ petition challenging an order directing document verification. The court quashed the order and directed the High Power Committee to conduct a fresh merits-based adjudication hearing both parties within two months.

What did the court decide?

Impugned order of the High Power Committee dated 1 October 2009 quashed and set aside; fresh adjudication directed within two months.

T. Krishnan Vs the Secretary, Slum Rehabilitation… — Landlord and Tenant | Bombay HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 10062 OF 2009

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T. Krishnan

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..Petitioner

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versus The Secretary, Slum Rehabilitation Authority & Ors. ..Respondents

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Mr. Kishore Patil for Petitioner. Mr. Ranjit Dixit i/b. V. R. Tripathi & Associates for Respondent No. 4.

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CORAM : DR. D. Y. CHANDRACHUD & ANOOP V. MOHTA, JJ.

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24 January 2011.

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P.C. :

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The grievance of the Petitioner arises out of an order passed by the High Power Committee on 1 October 2009 (Exhibit ‘J’) by which the High Power Committee has merely directed the SRA to verify the documents. Learned counsel states that it appears that the entire proceeding has been disposed of with these directions. The case of the Petitioner is that her spouse was found to be eligible to participate in a slum rehabilitation scheme and his name is contained at Serial No. 49 of Annexure II. Reference is made in this regard to a letter dated 2 June 2009 of the Slum

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Rehabilitation Authority. The Fourth Respondent claims that the structure was sold to the Fourth Respondent but according to the Petitioner the documents on which reliance is placed by the Fourth Respondent are fabricated. Since the High Power Committee has not dealt with the merits of the rival contentions between the parties, we dispose of this Petition by quashing and setting aside the impugned order dated 1 October 2009. We direct that the High Power Committee make a fresh adjudication of Appeal No. 55 of 2009 filed by the Petitioner after hearing all the concerned parties including the Petitioner and the Fourth Respondent. The High Power Committee will endeavor to do so expeditiously preferably within a period of two months of the date on which the copy of this Order is produced before it.

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2. The Petition is accordingly disposed of

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(Dr. D. Y. Chandrachud, J.)

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(Anoop V. Mohta, J.)

T. Krishnan v. the Secretary, Slum Rehabilitation Authority and Ors.

Case brief

What is this about?

What did the court decide?

T. Krishnan v. the Secretary, Slum Rehabilitation Authority and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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