Kamal Sevakram Jadhawani v. State of Maharashtra
Case brief
What is this about?
Slum Rehabilitation Authority SRA scheme Ambivali Andheri; composite building demolition; Section 13(2) Maharashtra Slum Areas Act 1971 removal of developer; free sale area 856.60 sq mtrs; locus standi of former developer and allottees; Section 353B BMC Act 1888 structural stability notice 30 years; C-1 dilapidated report Sardar Patel College of Engineering; DCPR 2034 unit size 27.88 sq.mts.; mala fide demolition back door entry; transit accommodation compensation market rate six months; Writ Petition 747/2024 3865/2024 Bombay High Court Gadkari Khata; HDIL Priya Construction Shree Sai Pawan Rajesh Gupta Deepak Thakoor distinguished; Commercial Suit 21 of 2024 overlap; contempt petition disposed.
What did the court decide?
Chamankars' Writ Petition (No.3865 of 2024) allowed: Respondent No.3 (new developer) directed to set aside and earmark 856.60 sq. mtrs. for the Petitioners in the new building with proportionate increases offered to other eligible occupants; SRA to decide entitlement to that area or compensation at market rate preferably within six months; interim transit accommodation or compensation at par with other eligible occupants. Jadhawani's Writ Petition (No.747 of 2024) disposed of, their rights being secured through the Chamankars. All Interim Applications and the Contempt Petition disposed of.