Naaz Asif Shaikh and Ors. Vs the Apex Grievance Redressal Committee and Ors. 5

Principal ground raised by the petitioners is lack of notice of hearing of proceeding under section 33 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. Neither the First Authority nor the Appellate Authority has

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904-wp264-2024.doc

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recorded a finding that the petitioners are served. In absence of such finding and in absence of proof of service of notice on the petitioners, the authorities below could not have passed an order against the petitioners.

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Hence, rule is made absolute in terms of prayer clause (a).

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The proceedings are remanded back to respondent No.2 for decision afresh.

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The petitioners shall appear before respondent No.2 on 12^th February 2024.

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Respondent No.2 shall decide the proceedings within four weeks from the date of appearance of the petitioners.

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With this, the writ petition stands disposed of. No costs.

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(AMIT BORKAR, J.)

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Naaz Asif Shaikh and Ors. v. the Apex Grievance Redressal Committee and Ors. 5

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Naaz Asif Shaikh and Ors. v. the Apex Grievance Redressal Committee and Ors. 5

Case brief

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