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Bombay High Court

SUNITA SUDHAKAR PARABversusSLUM REHABILITATION AUTHORITY THROU. ITS CHIEF EXECUTIVE OFFICER AND ORS

Decided
Disposal
Disposed Off

Holding

An eligible slum dweller is entitled to the same dispensation as other eligible slum dwellers, and the developer must execute a rent agreement and pay the amounts specified in the earlier agreement.

Summary

The petitioner, Sunita Sudhakar Parab, challenged an order of the Slum Rehabilitation Authority (SRA) dated 4 August 2026, seeking the same benefits accorded to other eligible slum dwellers. The court found that the petitioner is indeed an eligible slum dweller and therefore entitled to identical dispensation. The petitioner produced an agreement dated 4 June 2026 executed by the developer in favour of another eligible slum dweller, outlining entitlements in clauses 1 to 6. The developer (Respondent No.4) confirmed it had already deposited Rs.1,88,100 as advance transit rent and was ready to pay the remaining amounts upon the petitioner handing over the premises. The court directed that a rent agreement be executed for the petitioner on the same terms as the earlier agreement and ordered payment of the stipulated amounts, with a strict seven‑day deadline for the petitioner to vacate the premises, failing which enforcement would proceed.

Issues considered

  • Whether an eligible slum dweller is entitled to the same dispensation as other eligible slum dwellers under the SRA scheme.
  • Whether the rent agreement and payment obligations of the developer must be extended to the petitioner.
  • Whether the court can impose a time‑bound condition for possession delivery and enforce it.

Subjects

  • Slum Rehabilitation Authority
  • eligible slum dweller
  • rent agreement
  • advance transit rent
  • possession delivery
  • enforcement

Judgment

                                                                   904-WP10338-2026.DOC

                                                                                Santosh

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION


                                     WRIT PETITION NO. 10338 OF 2026

                      Sunita Sudhakar Parab                               ...Petitioner
                                        Versus
                      Slum Rehabilitation Authority & Ors.              …Respondents

                      Dr. Uday Warunjikar, a/w Aishwarya Tuwar, Jenish D. Jain
                           and Ravikant Parab, i/b Sudhana Yadav, for the
                           Petitioner.
                      Ms. Rutuja Shedge, i/b Ravleen Sabharwal, for the SRA.
                      Mr. Chaitanya Chavan, i/b Ankit Dubey (through VC), for
SANTOSH
                           Respondent No. 4.
SUBHASH               Mr. Kanhaiya Yadav, for Respondent No. 5.
KULKARNI
Digitally signed by
SANTOSH SUBHASH
KULKARNI
Date: 2026.08.19
                                                        CORAM:    N. J. JAMADAR, J.
20:14:33 +0530
                                                        DATED:    18th AUGUST, 2026

                      Oral Order:-

                      1.   Heard the learned Counsel for the parties.


                      2.   The challenge in this petition is to an order passed by the

                      AGRC on 4th August, 2026.


                      3.   After the matter was heard for sometime, it transpired that

                      the Petitioner is declared to be an eligible slum dweller. As the

                      Petitioner is an eligible slum dweller, the Petitioner would be

                      entitled to the same dispensation as has been extended to the

                      other eligible slum dwellers.




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4.      The Petitioner has annexed a copy of an agreement

executed on 4th June, 2026 by the Developer in favour of

Taherabi Hamza Baig, another eligible slum dweller. The

entitlements of the said eligible slum dweller are incorporated in

Clauses 1 to 6 of the said agreement.


5.      Mr. Chavan, the learned Counsel for the Respondent No.4

– Developer, on instructions, submits that the Respondent No.4

– Developer has already deposited a sum of Rs.1,88,100/-

towards the advance transit rent for 11 months with the SRA.

The Respondent No.4 – Developer is willing to pay the rest of the

amount indicated in the aforesaid clauses to the Petitioner as

well.


6.      Mr. Chavan further submitted that the Respondent No.4 –

Developer is carrying the cheques and those cheques would be

delivered, the moment the Petitioner indicates the date on which

the Petitioner would hand over the key of the subject premises.


7.      Dr. Warunjikar, the learned Counsel for the Petitioner, on

instructions, submits that the Petitioner would deliver the key of

the subject premises within a period of seven days from today.


8.      Recording the aforesaid statement, the petition stands

disposed with a direction that, the Petitioner be given the same


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                                             904-WP10338-2026.DOC

dispensation as has been extended to the other eligible slum

dwellers, and a rent agreement be executed in favour of the

Petitioner as has been executed in favour of Taherabi Hamza

Baig and the amounts indicated therein be paid to the Petitioner

as well.


9.    It is hereby made clear that no request for further

extension of time to deliver the possession of the subject

premises would be entertained and, in the event, the Petitioner

fails to vacate and deliver the possession of the subject

premises, within a period of seven days from today, the

authorities would be at liberty to enforce the impugned order.


10.   Once the Petitioner delivers the subject premises, the

Petitioner would be entitled to withdraw the amount of

Rs.1,88,100/-.


11.   The petition stands disposed.


                                         [N. J. JAMADAR, J.]




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