Maharashtra Slum Act Dispute: Bombay HC Considers Developer Selection.
The Bombay High Court is poised to deliver a judgment in a case concerning a dispute over the developer selection process for a slum rehabilitation scheme (SRS) undertaken by the Shiv Sai (SRA) Co-operative Housing Society Ltd. (the Society).
Procedural History:
Following the termination of M/s. Raviraj Construction's appointment as the developer for the SRS project, the Society, likely relying on Section 13(2) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Slum Act), approached the Chief Executive Officer of the Slum Rehabilitation Authority (CEO/SRA). The Society presumably sought approval to appoint a new developer for the project. The CEO/SRA, in a decision favourable to the Society, granted them the authority to choose a new developer, effectively terminating the prior developer's involvement. However, this decision was challenged before the Apex Grievance Redressal Committee (AGRC), which overturned the CEO/SRA's order. The AGRC remanded the matter for a fresh hearing, thereby impacting the Society's selection of a new developer, possibly Respondent No. 5 identified in court documents.
Legal Contention:
The Society's writ petition before the Bombay High Court contests the validity of the AGRC's order. The Society argues that the AGRC exceeded its jurisdiction by:
- Revoking the termination of M/s. Raviraj Construction's developer appointment.
- Denying the Society the right to appoint a new developer, as allegedly permitted by the initial CEO/SRA order.
Current Status:
The Bombay High Court heard arguments on March 20, 2024, and has reserved judgement. The final verdict from the court will determine the validity of the AGRC's order and the subsequent selection process for the SRS project's developer. This case has significant implications for the Society's ability to proceed with the redevelopment project and highlights the potential complexities involved in navigating the Slum Act and its associated grievance redressal mechanisms.
SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1956