Kishor Anant Khot vs Competent Authority and Land Manager (Mhada)

"a] That this Hon'ble High Court may be please to issue order and or direction and thereby directing the Respondents herein to enforce the order dated 21.09.2022 passed by the Hon'ble Competent Authority and Land Manager (MHADA) as per the accordance with law under the slum Act 1971.

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b] That this Hon'ble Committee may also be pleased to issue order and/or direction directing the respondent herein to pay the compensation to the petitioners for the litigation expenses and or costs incurred by the petitioners."

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It appears that the Competent Authority of the MHADA has passed an

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order dated 21 September 2022 Exhibit - A (page 12) to the effect that an action

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would be required to be taken by the Competent Authority of the Slum

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Rehabilitation Authority (SRA) to take possession of the tenements in question,

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Page 1 of 3 08 January 2026

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Kiran Kawre

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38-WP-1677-2025.DOC

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by exercising the powers under Section 3E (2) Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, by removing illegal occupants of tenements Nos.706, 603, 505, 306 and 406 of the rehabilitation tenements of the Om Shivshakti SRA Cooperative Housing Society Building No.8/B situated at CTS No.13 and 22 Part at Bandra, Taluka Andheri. Such order was already communicated to the Competent Authority of the SRA, however till today no action is taken, is the grievance of the petitioner.

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We are informed by Mr. Patil, learned counsel for the SRA that subsequent thereto in relation to one of the tenements being tenement No.406, the Executive Engineer – MHADA, Bandra Division of the Mumbai Board has addressed a letter to Smt. Swapna Deshpande, Estate Manager of the SRA stating that the MHADA had taken over possession of tenement No. 406 and that the same was handed over to the SRA on 22 August 2023 by evicting the illegal occupant. A copy of said letter is taken on record and marked "X" for identification.

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We are of the clear opinion and a consistent view is taken by this Court, in several proceedings, that illegal occupancy of any Slum Rehabilitation tenements depriving the eligible slum dwellers, is impermissible, and that, in such matters, the SRA is under an obligation to take prompt action, to evict illegal occupants. In the present case, there appears to be no dispute about the illegal occupancy of the tenements in question and subject matter of the order dated 21 September 2022 passed by the Competent Authority of the MHADA who has undertaken the fact finding exercise.

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Page 2 of 3 08 January 2026

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Kiran Kawre

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38-WP-1677-2025.DOC

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In this view of the matter, we direct the Competent Authority of the SRA to take appropriate action as expeditiously as possible and in any event within a period of five weeks from today, by following the due procedure in law and evict the illegal occupants of the tenements subject matter of the order dated 21 September 2022 (Exhibit - A). After the possession of such tenements is taken over, the same be handed over to the legally entitled members of the Om Shivshakti SRA Cooperative Housing Society or be dealt with in accordance with law.

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It is clarified that in the event, the tenements are no more required to be given to the eligible members then the same are required to be handed over for allotment to the Project Affected Persons quota. If that be so, action strictly in accordance with law be taken to make appropriate allotments as may be permissible in law. Compliance in that regard be placed before the Court.

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The petition stands disposed of in the aforesaid terms. No costs.

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List the proceedings for compliance on 26 February 2026 (HOB) .

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(AARTI SATHE, J.)

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(G. S. KULKARNI, J.)

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Page 3 of 3 08 January 2026

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Kiran Kawre

Kishor Anant Khot v. Competent Authority and Land Manager (Mhada)

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Kishor Anant Khot v. Competent Authority and Land Manager (Mhada)

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