Review petition challenging permissions granted under LOI, IOA, and CC. The court held Circular No.67 referred to a stopped scheme, the circular itself was not applicable to the relief sought, and other reliefs were barred by res judicata due to a prior dismissed writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION (L) NO.35 OF 2015 IN WRIT PETITION (L) NO.2219 OF 2015
Mr Haji Rashid Ahmed Haji Mohd. Hasan C.A. of Mr Mohd. Alim Haji Mohammed Jais ... Petitioner v/s
The State of Maharashtra and others ... Respondents
Mr H.S. Anand for Petitioner. Mr D.A. Nalawade, GP for Respondent No.1. Ms V. Mahadik for Respondent – BMC. Mr Salik Khan with Mr Wasim Qureshi for Respondent No.4. Mr S.P. Thorat for Respondent No.5.
CORAM: V.M. KANADE & B.P. COLABAWALLA JJ.
DATE : 12TH AUGUST 2015
P.C. :-
for cancellation of the permissions / sanctions / approvals granted in
terms of LOI, IOA and CC on the ground that the same are illegal in
view of Circular No.67 issued by the Rehabilitation Authority dated
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VRD
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28th December 2004 and also for other consequential reliefs including granting stay to the demolition of the structure of the Petitioner.
the Developer has already constructed the structures and further development has been stalled on account of the Petitioner not
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VRD
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vacating their structures despite notice being issued under sections 33 and 38 of the Maharashtra Slum Areas (Improvement, Clearance & Redevelopment) Act 1971.
Petition is therefore dismissed in limine. No order as to costs.
(B.P. COLABAWALLA, J.) (V.M. KANADE J.)
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VRD
3 issues framed by the court
Whether the permissions/sanctions granted under LOI/IOA/CC are illegal in view of Circular No.67 dated 28th December 2004.
Whether there should be a stay on the demolition of the petitioner's structure.
Whether the petitioner can claim reliefs barred by res judicata.
Mr Haji Rashid Ahmed Haji Mohd. Hasan
The State of Maharashtra
V.M. Kanade
B.P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
