In our view, the basic question which the authority ought to have determined was whether there was any merit in the contention of the Petitioners that their structures are situated on the land on which a Slum Rehabilitation Scheme is being implemented by the Mawli Co-operative Housing Society. In this regard, the Petitioners have inter alia also relied upon a location plan and other documentary evidence, which we do not propose to enquire into, considering the parameters of the jurisdiction under Article 226 of the Constitution. The Deputy Collector having failed to do so, we are of the view that an order of remand is warranted. We set aside the order of the Deputy Collector (Encroachment and Removal) dated 29 October 2010 and of the Administrator and Divisional Commissioner dated 2 February 2011 and remand the proceedings back to the Deputy Collector for a decision afresh. The Deputy Collector shall, in the course of the proceeding, also consider whether there is any substance in the grievance of the Petitioners that Annexure-II in respect of the Savli Co-operative Housing Society has wrongly included the names of the Petitioners. Having regard to the fact that the proceedings will have a bearing on expeditious implementation of the Rehabilitation Scheme, we
