Bombay High Court
M/S. OMKAR REALTORS AND DEVELOPERS PVT. LTD.versusSAGAR VIJAY KOREGAONKAR AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the grievances must be adjudicated by the Special Cells constituted under the Slum Rehabilitation Authority, and the writ petition is disposed without further relief.
Summary
The petitioners, eligible slum dwellers, sought writs under Article 226 to halt construction of the saleable component of a slum rehabilitation scheme and to compel payment of pending transit rent. The High Court, recalling its earlier order allowing amendment of the petition, examined the grievances concerning non‑payment of transit rent, illegal occupation of rehabilitation tenements, and denial of permanent alternate accommodation. Relying on prior judgments (e.g., Om Shri Sai SRA Co‑operative Housing Society) and the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, the Court directed that the matters be referred to specially constituted “Special Cells” of the Slum Rehabilitation Authority for speedy, quasi‑judicial resolution. It emphasized the need for adherence to circulars issued by the SRA, the application of Section 33(B) of the Act, and the spirit of Article 21. The Court disposed of the writ petition, permitting the parties to file applications before the Special Cells within a stipulated time, and dismissed the interim application.
Issues considered
- The petitioners' entitlement to halt construction of the saleable component pending payment of transit rent
- Whether the supplementary annexure issued by the MCGM is ultra‑vires and void
- The right of eligible slum dwellers to be handed over permanent alternate accommodation
- The applicability of Section 33(B) of the Maharashtra Slum Areas Act to recovery of transit rent
- The procedural propriety of directing matters to Special Cells under the SRA
Legislation cited
Subjects
- slum rehabilitation
- transit rent
- permanent alternate accommodation
- special cell
- Article 226
- mandamus
- illegal occupation
- free sale component
- mediation
Judgment
14-WP-7443-2023 (C).DOC
2026:BHC-AS:5044-DB
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7443 OF 2023
Sagar Vijay Korgaonkar And Ors. ...Petitioners
Versus
The Chief Executive Officer, Slum Rehabilitation
Authority & Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 17577 OF 2023
IN
WRIT PETITION NO. 7443 OF 2023
Omkar Realtors and Developers Pvt. Ltd. ...Applicant
In the matter between
Sagar Vijay Korgaonkar And Ors. ...Petitioners
Versus
Chief Executive Officer, Slum Rehabilitation
Authority & Ors. ...Respondents
_________
Mr. Amogh Singh a/w. Ashwin S. Tripathi for the petitioners.
Ms. D.S. Deshmukh, AGP for respondent no. 1.
Ms. Aarushi Yadav, Ms. Ravleen Sabharwal h/f. Geeta Shastri for respondent nos.
2 and 3-SRA.
Mr. Shakeeb Shaikh a/w. Noorain Patel i/b. Diamondwala & Co. for respondent
no. 4.
Mr. Santosh Parad a/w. D.R. Kawale for the respondent - BMC.
__________
CORAM: G. S. KULKARNI &
AARTI SATHE, JJ.
DATE: 28 JANUARY 2026
P.C.
1. This petition under Article 226 of the Constitution of India is filed
initially praying for the following substantive reliefs:
“a) This Hon’ble High Court be pleased to issue writ of mandamus or any
other appropriate writ under the Article 226 of the Constitution of India and
respondent nos. 1 to 3 be ordered and directed to stop construction work of
the saleable component of respondent no. 4 taking place at C.S. No. 1(pt.), 2
(pt.) & 3 (pt.) of Lower Parel Division, for Shree Saibaba Nagar SRA CHS
(Prop.) G/South ward, until the respondent no. 4 having made payment of
Page 1 of 13
28 January 2026
14-WP-7443-2023 (C).DOC
pending transit rent to each of the petitioners being eligible slum dwellers;
b) This Hon’ble High Court be pleased to issue writ of mandamus or any
other appropriate writ under the Article 226 of the Constitution of India and
direct respondent no. 4 to pay the arrears of rent of petitioner and further
direct to pay the rent till the date of possession.”
2. Thereafter, by an order dated 20 February, 2025, the Court permitted
amendment of the petition and the following additional prayers were
incorporated:
“b(i) This Hon’ble High Court be pleased to issue writ of mandamus or any
other appropriate writ under Article 226 of the Constitution of India thereby
declaring the re-verified Supplementary Annexure-II dated 12 June, 2024
issued by respondent no. 5 MCGM annexed as Exhibit “P” is ultra-vires,
illegal, void ab initio and not binding upon the petitioners.
b(ii) This Hon’ble High Court be pleased to issue writ of mandamus or any
other appropriate writ under Article 226 of the Constitution of India thereby
directing the respondents to handover the possession of Permanent Alternate
Accommodation in rehab building to the petitioners.”
3. Considering the nature of grievance of the petitioners, in our opinion, the
Special Cell which has been formed by the Slum Rehabilitation Authority and
which has been taken into consideration by this Court in the order passed in Om
Shri Sai SRA Co-operative Housing Society vs. State of Maharashtra & Ors. 1, in
our opinion, needs to benefit the petitioners. Looking into the grievance of the
petitioner as urged in the present petition, an appropriate decision be taken by the
Special Cell. The extract of the said decision is required to be noted, which reads
thus:
“5. Circular No. 230 deals with the constitution of a Special Cell to address
complaints relating to possession of permanent alternate accommodation,
particularly where permanent alternate tenements have not been handed over.
Circular No. 231 concerns the recovery of transit rent. This circular makes a
reference to the observations of this Court on a same embargo to be created on
part of the free sale component, which can be dealt with only after the
construction of the rehabilitation building is completed and all issues relating
to payment of transit rent are addressed. The circular directs the Deputy Chief
1 2025 SCC OnLine Bom 5570
Page 2 of 13
28 January 2026
14-WP-7443-2023 (C).DOC
Engineer along with concerned officers to ascertain and decide the
commensurate area of the free sale component as a corresponding security for
payment of transit rent. It further records, that whenever a Letter of Intent is
issued in relation to a Slum Rehabilitation Scheme, such Letter of Intent will
include a condition qua the freezing of an appropriate lower floor(s) sale area.
The computation of the free sale area, to be frozen, and/or not permitted to be
dealt to be fixed by taking into consideration the number of slum dwellers, the
monthly rent payable for an approximately three years’ rent cycle, and the
corresponding Ready Reckoner value of the sale area.
8. All these measures have been sought to be addressed by the SRA
considering the observations made by the Court in the order as noted
hereinabove. It is imperative to take note of the contents of the said circulars
in the present order, so that whenever recourse is required to be taken by the
relevant information is readily available to appreciate effective mechanism the
SRA intends to set into motion under such circulars. These circulars read
thus:—
“CIRCULAR- 230
Hon'ble High Court in W.P. no 3140 of 2019 and other 62 Writ
petitions observed that, there are case where long back the project
are completed, however the persons who are eligible are yet to be
put in possession of the permanent alternate tenements for
number of reasons, for example either they are occupied by illegal
occupants, inducted by the developers or the societies and/or the
illegal occupants being inducted by third parties. In the scheme of
things as it stands, it cannot be situation the eligible slum dweller
is deprived of the possession of the tenements unless the slum
dweller is himself guilty of having entered into any agreement
and/or a manner not known law has created third party rights
inducting such occupants.
In view of the above, Hon'ble High Courts observation it is
decided as follow,
1. As per observation of Hon'ble High Court a "Special Cell
against unauthorized occupation of rehabilitation tenements" is
constituted as under:
City Eastern Suburb Western Suburb
Dy. Collector Dy. Collector (Special Dy.Collector
(Special Cell) City Cell) Eastern Suburb (Special Cell)
Western Suburb
Assistant Registrar, Assistant Registrar, Assistant Registrar,
City Eastern Suburb Western Suburb
Executive Engineer- Executive Engineer-N Executive
G/South Ward Ward Engineer-K/East
The above constituted Special Cell will be assisted by officers as
required by them.
Page 3 of 13
28 January 2026
14-WP-7443-2023 (C).DOC
The Special Cell on receipt of grievances regarding illegal
occupation of tenement allotted to eligible slum dweller and
original slum dweller is deprived of permanent alternate tenement,
illegal occupant in rehab tenement/PAP/PTC put in there by
allottee slum dweller himself, random illegal occupant in rehab
tenement/PAP/PTC, shall cause to inspect said tenement within
two days.
As per inspection report, the Special Cell will decide which action
need to be initiated in that case as per law and forward the report
for Competent Officer responsible to the action.
The special cell will take review of the actions taken by the
Competent Officers fortnightly and submit summary report to the
CEO (SRA).
2. The eviction actions under section 3(E) and 33 of Slum Act shall
be taken on regular basis by the Competent Officer to whom
powers are delegated. These officers will complete the procedure of
order and eviction within four weeks from the receipt of report
from special cell.
3. The Competent Officer ensure that all issues in such category of
unauthorized occupation matters need not reach the court
unattended and such matters would be examine and dealt
effectively at their level.
4. Competent Officers shall not pass the buck raising issues but
their focus need to be on effective consideration of grievances of
slum dwellers who are deprived of their legitimate permanent
accommodation.
(Dr. Mahendra Kalyankar)
Chief Executive Officer, SRA Brihanmumbal
CIRCULAR-231
Hon’ble High Court in W.P. no 3140 of 2019 and other 62 Writ
petitions observed that persistent defaults made by Developers in
payment of transit rent to the slum dwellers and the plight of the
slum dwellers being required to run from pillar to post in receiving
such payment Including to resort to litigation. To prevent such
situations Hon'ble High Court directed to freeze a part of free sale
component which can be permitted to be dealt only after the
construction of the rehabilitation building is completed, and all
issues relating to payment of transit rent are duly addressed. Such
freezing of the premises needs to be of the immediate lower floors,
depending on the size of floor and the approximate transit rent the
developer would be required to pay to the slum dwellers, during
the period of completion of the rehabilitation building.
Accordingly, the concerned Dy. Chief Engineer alongwith
concerned Executive to ascertain and decide the quantity of free
Page 4 of 13
28 January 2026
14-WP-7443-2023 (C).DOC
sale component. Whenever Letter of Intent is issued for a slum
rehabilitation scheme, the letter of Intent will include freezing of
appropriate lower floor sale area. computation of Sale area to be
freeze will be done taking into consideration number of slum
dwellers, rent per month for approximately three years rent cycle
and corresponding ready reckoner value for sale area.
In case of existing slum rehabilitation schemes, Engineering
Department will evaluate transaction of sale component by
developer and will freeze appropriate sale component as per
situation. In cases where the free sale component is already sold,
then corresponding bank guarantee need to be taken. Any, false
statement by developer will be termed as perjury and he will be
penalized accordingly.
The concern Executive Engineer will Intimate to the Registrar of
Stamps, of the freezing of free sale component in the project.
Further on rehabilitation of all the slum dwellers and on addressing
all the issues relating to payment of transit rent will defreeze the
said sale area, same shall be conveyed to Registrar of stamps.
(Dr. Mahendra Kalyankar)
Chief Executive Officer, SRA Brihanmumbai
CIRCULAR 232
Hon'ble High Court recently in couple of Writ Petitions took a
stern view of encroachment of rehab tenements. In slum
rehabilitation schemes, PAP/PTC are generated as per regulation.
Recently, there are Instances where it is observed that these
PAP/PTC are not handed over to authority, instead, some illegal
occupation is done. To avoid such instances, Authority had already
issued circular no. 162A and circular no. 225. All rehabilitation
tenements must be handed over to Estate Department of SRA.
Developer shall not handover any rehabilitation tenement on his
own. Respective Executive Engineers are responsible for
Implementation of above circulars. Any dereliction on their part
will be viewed as dereliction of duty and suitable action against
them can be initiated. Dy. Chief Engineer to take bimonthly
review.
In any scheme, PAP/PTC need to be demarcated as per circular no.
209 and further procedure as per circular must be done. Any
dereliction on this will be termed as dereliction of duty.
Strict implementation of circular no.210 by Executive Engineer is
warranted. Any dereliction will be termed as dereliction of duty.
Regular inspection of all the schemes by concerned Executive
Engineer and his team is necessary. In event of any contrary work
or procedure by developer is noticed, then immediate action by
them is essential. "A stitch in time saves nine." So regular
inspection and adherence to standard procedure should be
scrupulously followed.
Page 5 of 13
28 January 2026
14-WP-7443-2023 (C).DOC
(Dr. Mahendra Kalyankar)
Chief Executive Officer, SRA Brihanmumbal
CIRCULAR NO. 233
Sub: Rent in lieu of transit accommodation to slum dwellers
Ref: Circular No.153. Circular No.210, Section 33(B) of the
Maharashtra Slum Areas (Improvement, Clearance and
Redevelopment) Act, 1971.
Slum Rehabilitation Schemes approved by Slum Rehabilitation
Authority, Brihanmumbai pay transit rent in lieu of transit
accommodation to slum dwellers. The modifications In Circular
No.153 are as follows,
1. Developer shall pay initial transit rent for period of two years for
slum dwellers with SRA & post-dated cheque for transit rent period
of one year to SRA.
2. If there are complaints regarding non payment of transit rent to
slum dwellers, then these complaints will be adjudicated by
"Special Cells for adjudication and recovery of transit rent" of
designated officers. These cells will look into the issues of non
payment of rent in the spirit of the orders passed by Hon'ble High
Court in Writ Petition No.3140 of 2019 & 62 other writ petitions
dated 17/12/2025…
3. These "Special Cells for adjudication and recovery of transit
rent" will adjudicate complaints within time limit of 15 days, these
time limit can be extended by further 15 days for reasons thereof
shall be recorded in writing. There should not be any delay in
disposition of such complaint applications.
4. After adjudication, when developer is required to pay rent to
slum dweller, then he should be communicated Immediately and
concerned Engineers should keep tab on payment of rent to slum
dweller. If it is observed that, developer had not paid rent to slum
dweller then proposal will be made to Dy. Collector (Special Cell)
for recovery procedure as per Section 33(B) of the Maharashtra
Slum Areas (Improvement, Clearance and Redevelopment) Act,
1971. The recovery procedure shall be initiated within two weeks.
5. Concerned officers need to work in spirit for transit rent
payment to slum dweller.
6. Special Cells for adjudication and recovery of transit rent' will
submit fortnightly report for review to OSD (IT) to CEO (SRA).
7. "Deputy Collector (Special Cell)' will submit fortnightly report
of report of recovery to OSD (IT) to CEO (SRA).
Page 6 of 13
28 January 2026
14-WP-7443-2023 (C).DOC
Proactive measures by Slum Rehabilitation Authority,
Brihanmumbai are as follows,
1. Co-ordinator Rent Auditor shall cause to audit all slum
rehabilitation schemes for transit rent. Charter Accountants &
Certified Auditors from panel of Divisional Joint Registrar Co-op.
Soc. Mumbai will audit transit rent in schemes as directed by Co-
ordinator Rent Auditor.
2. Co-ordinator Rent Auditor will collect all information regarding
transit rent payment to all slum dwellers in scheme after
scrutinizing the report. Thereby preparing a master list of transit
rent payment to slum dwellers which will show defaulted rent &
date of next payment cycle to slum dweller. Co-ordinator Rent
Auditor will inform the Developer for payment of defaulted rent
and payment to slum dweller before start of next cycle of payment.
Co-ordinator Rent Auditor will inform the same to Assistant
Registrar Co-op. Soc. & concerned Engineers.
3. Objective of this exercise is for timely payment of transit rent to
slum dwellers, so that SRA can respond before slum dwellers are
aggrieved.
4. Executive Engineer and Assistant Registrar C.S. (SRA) will issue
notices to all ongoing Slum Rehabilitation schemes and ask to pay
rent to all displaced slum dwellers as well as submit self declaration
for all slum dwellers, which will be checked by Executive Engineer,
Dy. Collector (Special Cell) and Assistant Registrar C.S. (SRA).
Procedure regarding recovery of defaulted transit rent payment is as
follows,
1. When it is established that developer has defaulted the transit
rent payment concerned Engineer shall immediately issue Stop
Work Notice to sale portion of slum rehabilitation scheme. Then
concerned Assistant Registrar Co-op. Soc and Engineer shall move
proposal for encashment of deposits by developer in SRA. Slum
Dweller will be paid after encashment immediately by Finance
Controller.
2. Commencement of work will begin after restoration of deposits
by developer.
3. If deposits are not enough to cover defaulted rent, then a
proposal for recovery under Section 33(B) of the Maharashtra Slum
Areas (Improvement, Clearance and Redevelopment) Act, 1971
will be initiated before Dy. Collector (Special Cell) by Assistant
Registrar Co-op. Soc, concerned Engineer and Finance Controller
(SRA).
4. After recovery by Dy. Collector (Special Cell), Finance
Controller (SRA) will disburse defaulted rent to slum dwellers in
proposal for recovery and inform the same to Assistant Registrar
C.S. (SRA).
Page 7 of 13
28 January 2026
14-WP-7443-2023 (C).DOC
5. Assistant Registrar C.S. (SRA) will keep information regarding
payment of rent to applicant slum dwellers and will submit
fortnightly report to OSD (IT) to CEO (SRA).
6. Finance Controller (SRA) will submit fortnightly report
regarding deposit and disbursement of transit rent to CEO (SRA)
with copy to Assistant Registrar C.S. (SRA).
(Dr. Mahendra Kalyankar)
Chief Executive Officer, SRA Brihanmumbai
To,
1. OSD to CEO, SRA Brihanmumbai
2. OSD (IT) to CEO, SRA Brihanmumbai
3. Secretary SRA, Brihanmumbai
4. Dy. Chief Engineer-I & II, SRA Brihanmumbal
5. All EE, SRA Brihanmumbai
6. CLC, SRA Brihanmumbai
7. Dy Collector (Special Cell)- I, II & III, SRA Brihanmumbai
8. All Competent Authority, SRA Brihanmumbal
9. ARS, SRA Brihanmumbai
10. FC, SRA Brihanmumbai
11. DDTP, SRA Brihanmumbai
12. DDLR, SRA Brihanmumbal
13. Co-ordinator Officer (Audit) Co-operative Department
14. Co-ordinator Officer (Administration) Co-operative Department
15. Estate Manager, SRA Brihanmumbai
16. IT, SRA Brihanmumbal
Office order
Slum Rehabilitation Authority, Brihanmumbai has constituted
following "Special Cells" of designated officers for recovery of
transit rent to slum dwellers in spirit of order of Hon'ble High
Court in Writ Petition No.3140 of 2019 and other 62 writ
petitions.
"Special Cell No.1 for adjudication and recovery of transit rent"
1. Co-Ordinator Officer Administration Co-Operative Department
2. Assistant Registrar Co-Op. Soc. (Suburb)
3. Tahsildar (Special Cell), City
4. Assistant Engineer (G/South Ward)
"Special Cell No.2 for adjudication and recovery of transit rent"
1. Co-Ordinator Officer (Rent Audit), Co-Operative Department
2. Assistant Registrar Co-Op. Soc. (City)
3. Tahsildar (Special Cell), (Eastern Suburb)
4. Assistant Engineer (S Ward)
(Dr. Mahendra Kalyankar)
Chief Executive Officer, SRA Brihanmumbai
Page 8 of 13
28 January 2026
14-WP-7443-2023 (C).DOC
To,
1. OSD to CEO, SRA Brihanmumbal
2. OSD (IT) to CEO, SRA Brihanmumbai
3. Secretary SRA, Brihanmumbai”
9. In our opinion, the aforesaid steps taken by the SRA will go a long way
and have a substantial impact on effective resolution of the grievances of the
slum dwellers on the issues of non-payment of transit rent and the method of
securing the payment of transit rent, illegal occupation of rehabilitation
tenements and possession of the same being not handed over to the legitimate
allottee/slum dweller. We appreciate the promptness of the Chief Executive
Officer for taking such proactive measures by appropriately estimating the
objectives which need to be achieved, which we have repeatedly emphasized,
namely, that the implementation of the Slum Rehabilitation (SR) Scheme needs
to be seamless and free from any bottlenecks for the different stakeholders. A
Slum Scheme needs to be implemented smoothly, without requiring any of the
players, whether slum dwellers, the society, or the developer to resort to any
litigation, and without conflicts/frictions amongst such stakeholders. The
avalanche of disputes has created an additional burden on the official machinery
of the Slum Rehabilitation Authority (SRA) which ought not to arise if these
stakeholders adhere to rules and regulations in discharge of their respective
obligations. It may be observed that, under the redevelopment framework
envisaged by the provisions of the Maharashtra Slum Areas (Improvement,
Clearance and Redevelopment) Act, 1971, read with Regulation 33(10) of the
Development Control and Promotion Regulations (DCPR) 2034, specific
obligations are cast upon all stakeholders involved in the scheme, which need to
be discharged by such players with utmost diligence and honesty.
10. These obligations which arise in different forms are required to be
discharged without generating disputes. Time and experience has shown the
issues/areas of such disputes which by now appear to be well identified to name
some of them; vacating of slum structures, provision of transit accommodation,
payment of transit rent, hurdles in the construction of the rehabilitation
buildings or the free-sale component, and claims relating to interest on arrears of
transit rent, illegal occupation of the tenements, delay in allotment of tenements
and delay in execution and completion of the Slum Scheme. These are some of
the areas in which disputes under slum rehabilitation schemes frequently arise,
resulting in matters being taken before various authorities and, ultimately, the
courts. In this view of the matter, we have considered the stand taken by the
Chief Executive Officer to be progressive, in issuing the aforesaid circulars, the
contents of which we have noted hereinabove.
11. On the aforesaid backdrop, we are of the clear opinion that, in the spirit
with which the aforesaid circulars have been issued by the CEO, SRA
constituting the special cell(s), the issues relating to transit rent as raised in these
Petitions as also the grievances regarding non-handing over of permanent
alternate tenements or a combination of both these issues are now required to be
effectively considered by the special cells constituted by the Slum Rehabilitation
Authority (SRA). The methodology in this regard has already been set out in the
circulars.
12. Thus the expectation would be that the special cell addresses the
grievances expeditiously and in accordance with law that is, upon due
consideration of the facts of each case, and not in a mechanical manner. The
Page 9 of 13
28 January 2026
14-WP-7443-2023 (C).DOC
officers manning the special cells must be alive to the genuine grievances of the
stakeholders and how best the issues can be resolved, this more particularly, on
issues which directly affect the slum dwellers like when grievances are raised by
the slum dwellers like non-payment of transit rent, which itself involves the
assertion of the right to shelter, being a facet of Article 21 of the Constitution of
India. A similar position would prevail where a legitimate entitlement to a
permanent alternate tenement is denied.
13. In this view of the matter, the grievances /complaints need to be
considered at the first instance in an amicable manner, without any stakeholder
perceiving such consideration as adversarial. The reason being that it is not in
any interest of the slum dwellers that they be involved in any litigation. Hence,
an approach of resolution of these issues in harmony is the need of the hour,
rather than adjudication. Such, indeed needs to be the very purpose and
endeavor behind the constitution of these special cells failing an amicable
resolution, necessarily an order would be required to be passed.
14. We clarify that the constitution of the special cells pursuant to our
orders is not intended to create any independent adjudicatory mechanism, but
rather to provide a forum where issues are considered and addressed in a cordial
and constructive manner, albeit culminating in an order. Once such order is
passed, it shall be an order passed by the officials of the SRA as normally being
done in exercising such powers as conferred under the Slums Act.
15. It is needless to observe that albeit the aforesaid mechanism the
propensity to litigate on the part of some the stakeholders cannot be entirely
ruled out. Despite such determination, parties may still feel aggrieved. However,
once a factual determination by the cell is available on record as fairly stated on
behalf of the SRA, it shall be open to the parties to avail of appropriate remedies
as statutorily prescribed under the provisions of law by approaching the
competent statutory forums, wherein further adjudication of such grievances
may be undertaken.
16. We also sound a note of caution that the endeavor of the special cells,
ought not to be, to generate further litigation, but rather to amicably resolve
disputes, even by taking recourse to appropriate mediation practices. In this
regard, the Chief Executive Officer may consider calling upon the members of
the special cells to undergo training in mediation practices, which is the need of
the hour, more particularly in light of the promulgation of the Mediation Act,
2023. In our opinion, this is a crucial exercise, as the overarching endeavor must
be to curb litigation and bring about a win-win situation for all stakeholders.
17. In light of the aforesaid observations, we permit the Petitioners to make
their respective applications, subject matter of the present proceedings, before
the appropriate special cells created for such purpose. Upon receipt of such
applications, they shall be taken forward for consideration and for passing
appropriate orders consensually or otherwise in accordance with law.
18. Having regard to the above discussion, we do not propose to delve into
the merits of the individual cases before us, all issues in these proceedings are
kept open to be considered by the special cells appointed by the Slum
Page 10 of 13
28 January 2026
14-WP-7443-2023 (C).DOC
Rehabilitation Authority (SRA) which shall examine such grievances and after
hearing the Petitioners and the opponents, decide such applications which may
be received by the Special Cells.
19. The proceedings accordingly stand disposed of in terms of the following
order:
ORDER
(i) The Petitioners/parties are at liberty to approach the respective special
cells constituted by the Slum Rehabilitation Authority (SRA) by making
appropriate applications setting out their grievances. Such applications
shall be filed by 15 January, 2026 so as to include all the grievances as
raised in the present proceedings.
(ii) Prior to the filing of such applications to ease out the
procedural hurdles, copies of the grievance applications, be served upon
the opponents/respondents physically and for reason which may be set
out, by other permissible modes of service. The notice shall clearly indicate
in advance the date on which the application/complaint is being filed.
(iii) Such applications being filed before the Special Cell
shall be accompanied by an appropriate affidavit of service, which shall
annex the service letter, in which the date of filing of complaint/grievance
application is informed to the opponent. The application be accordingly
granted a registration number.
(iv) The opponents/respondents shall be permitted to file
their memo of appearance before the designated officer of the Special Cell.
The Special Cell shall assign an appropriate date when the parties would
be heard on such complaint, which be notified on the website under the
caption “hearing before the Special Cell”. All such applications shall be
decided within a time-bound schedule, after providing an opportunity of
hearing to all parties.
(v) In the event despite service, if no memo of appearance being
filed or the opponent fails to appear, the Special Cell may presume that the
opponents/respondents are not interested in participating at the hearing.
In such cases, the special cells shall take further appropriate action, which
may include issuing a fresh notice to secure the presence of the necessary
parties and/or proceeding with the matter for its expeditious disposal as
the circumstances may warrant. However, all such actions must be carried
out strictly in accordance with law and in a time bound manner, failing
which, this itself may give rise to further litigation.
(vi) In regard to the grievances of the slum dwellers being
deprived of a Permanent Alternate Accommodation (PAA), such matters
shall be taken up with utmost expedition, as in certain category of cases,
there is hardly any scope for adjudication where the entitlement has
already been determined under the PAA Scheme or where persons have
been held eligible through the lottery system. Such determinations shall be
undertaken without any delay and appropriate orders passed.
(vii) In relation to grievances concerning the payment of transit rent,
the special cells shall pass appropriate orders determining the amount of
transit rent payable. The policy of the SRA shall be applicable with regard
Page 11 of 13
28 January 2026
14-WP-7443-2023 (C).DOC
to the payment of interest, as observed by this Court in Vijay Namdeo
Gujar vs. State of Maharashtra, WPL 32632/2025.
(viii) The endeavour of the special cells shall be to dispose of all
grievances expeditiously and in a time-bound manner, as directed by this
Court in previous orders. An endeavour shall be made to ordinarily
dispose of the complaints within fifteen days from the date of filing, with a
further extension of further 15 to 30 days for reasons to be recorded in
writing. The objective is to ensure that such complaints/grievances are
disposed of at the earliest and not delayed.
(ix) We further observe that all stakeholders are required to
cooperate with the process. In the event of non-cooperation from any of
the parties, the special cells, with the concurrence and approval of the
Chief Executive Officer, shall have the power to pass appropriate orders,
including orders of a drastic nature, as the facts may warrant. In such
context, it is clarified that the powers conferred upon the Chief Executive
Officer by law are well defined they are paramount. The Special Cells shall
exercise such powers as available to the officers of the SRA, who are
otherwise and in the normal course undertaking administrative quasi-
judicial determination of the issues as the case may be. Thus, any order
passed by the special cells shall be deemed to be an order of the SRA.
(x) Any person aggrieved by an order passed by the special
cell(s) would have a remedy as noted hereinabove, by approaching the
appropriate statutory forum and/or as may be permitted by law.
A separate general committee shall be appointed by the CEO, SRA to
consider other issues noted hereinabove not being dealt by the special
cells, already constituted; for example, in the event of any dispute relating
to eligibility of a slum dwellers to receive a permanent alternate
accommodation by having his name under Annexure-II. In regard to such
disputes qua the land owned by the Municipal Corporation or MHADA,
such committee may include one invitee/representative from MHADA
and the Municipal Corporation. Accordingly, the Chief Officer of
MHADA and the Municipal Commissioner of the Mumbai Municipal
Corporation shall nominate competent officials to form part of this
committee, along with two officials to be nominated by the Chief
Executive Officer of the SRA. This committee shall adjudicate the inter se
disputes relating to eligibility qua Annexure-II and other miscellaneous
issues not falling within the jurisdiction of the two special cells noted
earlier.
(xi) It is clarified that for disputes not pertaining to Annexure-II, it
shall suffice that two appointees of the Chief Executive Officer of the SRA
shall constitute a special cell to adjudicate grievances that do not fall
within the jurisdiction of the committees already constituted. The Chief
Executive Officer shall take appropriate steps to constitute such committee
by issuing a circular by 10 January, 2026. The MHADA and the
Municipal Corporation shall forward the names of their respective
nominees to the Chief Executive Officer of the SRA on or before 8
January, 2026.
20. With the aforesaid observations, the proceedings stand disposed of,
keeping open all contentions of the parties to be urged before the respective
Special Cells. No costs.”
Page 12 of 13
28 January 2026
14-WP-7443-2023 (C).DOC
4. Learned counsel for the respondent has also drawn our attention to the
order dated 20 February, 2025, where this Court had expressly kept the issue of
maintainability of this petition open to be heard on the adjourned date of hearing.
5. In the aforesaid circumstances, keeping open all contentions of the
petitioner and by permitting the petitioner to approach the Special Cell by an
appropriate application, which be filed within one week from today. We dispose
of this petition directing the Special Cell to consider the grievance of the
petitioner in the time frame as ordered by this Court in Om Shri Sai SRA Co-
operative Housing Society (supra). All contentions of the parties in that regard
are expressly kept open.
6. Needless to observe that in respect of the issue of entitlement of rent which
is already deposited by the developer with the SRA, the Special Cell would take
an appropriate view of the matter and issue appropriate orders.
7. The petition stands disposed of in the aforesaid terms. No costs.
8. Interim Application would also not survive and accordingly stands
disposed of.
(AARTI SATHE, J.) (G. S. KULKARNI, J.)
Signed by: Vidya S. Amin Page 13 of 13
Designation: PS To Honourable Judge 28 January 2026
Date: 31/01/2026 18:20:48
Checking your session…