18.In the case of M/s. Park View Developers, the companion
petition which is also disposed by this common order, we direct that
apart from the stop work notice dated 15th May 2018, the notice
dated 18th June 2019 displayed at site and the letter refusing to grant
full occupation certifcate for the sale building dated 25th July 2019
would not survive. Curiously, the complainant in that case, Santosh
Vishnu Baglania alias Dhodi is stated to be a benefciary under the
Slum Rehabilitation Scheme implemented at site. His name has
been included in the records of the Slum Rehabilitation Authority
and he has obtained a beneft in the form of full rights in a
component/unit styled as a rehab building. The petitioners in the
writ petition have specifcally stated that he was declared to be an
eligible occupant. There is a copy of Housing Society register of the
slum-dwellers at site of which he is a member. The mother of this
respondent had fled Suit No. 1573 of 2008 in the City Civil Court at
Dindoshi, Goregaon, Mumbai against the 4th respondent-
Maharashtra Housing and Area Development Authority and the
proposed society of slum-dwellers seeking various reliefs. An
application was fled for interim injunction therein but that came to
be dismissed on 9th September 2008. The suit itself was also
dismissed thereafter on 29th June 2009. None of these orders have
been challenged in further legal proceedings by the mother, Manjula
Vishnu Dhodi. In the circumstances, and when these facts as
narrated are not disputed (but, on the contrary, are noted by the
Commission), all the more the Commission could not have assumed
the powers it purported to assume in this case.
