K S Chamankar Enterprise v. the State of Maharashtra through Govt. Pleader
Case brief
What is this about?
Slum Rehabilitation Authority; SRA scheme; Section 13(2) Slums Act removal of developer; free sale area 856.60 sq.mtrs.; Composite Building No.1, Village Ambivali, Andheri; demolition of part-O.C. building; BMC notice under Section 353B structures stability certificate 30-year threshold; C-1 dilapidation classification; private structural engineer's report; mala fides of statutory authorities; locus standi of former developer and allottees; DCPR 2034 enhanced rehab tenement 27.88 sq.mts.; DCR 1991 25 sq.mts.; transit accommodation; compensation by SRA valuer Rs. 25,03,55,495/-; Shiv Infra Vision Pvt. Ltd.; K.S. Chamankar Enterprises; Kamal Sevakram Jadhawani; Article 226 certiorari; back door entry to possession; delegation of occupier verification unlawful; Article 12 accountability of SRA.
What did the court decide?
Respondent No.3 directed to set aside and earmark an area of 856.60 sq.mtrs. approved for the Petitioners in the new building, along with proportionate increases offered to other eligible occupants under the new scheme; the SRA to decide the Petitioners' entitlement to that area or compensation in lieu thereof at market rate preferably within six months; in the interim, Petitioners entitled to transit accommodation or compensation for the said area at par with other eligible occupants; Chamankars' Writ Petition (No.3865 of 2024) allowed in those terms; Jadhawanis' Writ Petition (No.747 of 2024) disposed of, their rights being secured through the Chamankars; all Interim Applications and the Contempt Petition disposed of; all concerned to act on authenticated copy of the Order.