Govindji Gopalji Vador vs Slum Rehabilitation Authority and 5 Ors.

(a) That this Hon'ble Court be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other writ, order or direction, calling upon the records and proceedings of entire slum scheme which is being implemented at 13/15, Belvedere Hill Road, Mazgaon, Mumbai 400010 including the reports of Annexure-II dated 23.03.2023 and re-survey report dated 22.12.2022 and after going through the legality, propriety and validity of the Annexure-II and re-survey dated 22.12.2022 (Exhibit-O) passed by the Respondent No.3, be pleased to quash and/or set aside;

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16.os.wp.2136.2025

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Vina Khadpe

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(b) That this Hon'ble Court be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other writ, order or direction, that the Respondent No.3 have no power of exercising jurisdiction to act in excess of the Letter (Exhibit-L) submitted by the Respondent No.4:

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(c) that this Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction, restraining the Respondents by themselves, their agents, servants or assigns or any other person/s claiming through or under the Respondents from in any manner taking any further action in pursuant to the last certified Annexure-II.

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(d) that this Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction, to quash the present last certified Annexure-II and resurvey the suit property and issue fresh Annexure-II.

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(e) That this Hon'ble Court be pleased to issue direction to the Respondent No.3 to conduct fresh survey and prepare Annexure-II and opportunity be given to the Petitioner at the time of survey with police protection;

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(1) That pending the hearing and final disposal of the present Petition this Hon'ble Court be pleased to direct to the Respondent No.4 not to handover the structures of the Petitioner to any third party;

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(g) That pending the hearing and final disposal of the present Petition this Hon'ble Court be pleased to stay the operation, effect and implementation of the final Annexure-II re-survey dated 23.03.2023 (Exhibit-Q) conducted by the Respondent No.3;

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(h) for ad-interim reliefs in terms of prayer (d) (c) (f) & (g) above;

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Our attention is invited to the proceedings filed before the competent Authority-1 – SRA, Co-operative Society Department, Bandra East, vide complaint No. 1779/2022 dated 15^th September, 2022. The complaint is filed challenging the survey dated 21^st December, 2022. According to the learned counsel for the Petitioner, the said survey is not correct and in fact, the survey of the year 2020, and September, 2022, was correct wherein total 6 structures were recorded of which one is residential structure of Mr. Parbeer Bhattacharya / Mahakali Ashram at Sr. No.129 and five were commercial structure, of Gopalji & Brothers at Sr. No.130 to 134. It is, therefore, requested to conduct the resurvey and incorporate the name of Gopalji & Brothers and their partners at Sr. No.130 to 134.

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The learned counsel for the Petitioner submitted that even the written submission on behalf of the Petitioner has already been filed before the competent Authority.

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In our opinion, as these proceedings before the competent Authority are filed as far back in 2022, it would be

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appropriate, if the competent authority decides the complaint expeditiously, in any case within a period of six weeks from the date of communication of this order.

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Keeping all contention open, in this view of the matter, Writ Petition is disposed of.

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(S.M. MODAK, J.) (M. S. KARNIK, J.)

Govindji Gopalji Vador v. Slum Rehabilitation Authority and 5 Ors.

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Govindji Gopalji Vador v. Slum Rehabilitation Authority and 5 Ors.

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