Bombay High Court

JAI SANTOSHI MAA TOWER CO-OP HSG SOCIETY LTD THORU. SANJAY V WAGHversusMUMBAI METROPOLITIAN REGION SLUM REHABILITATION AUTHORITY AND ORS

Decided: 17 August 2026
Disposal: Disposed Off

Holding

The writ petition is dismissed as the petitioner has a statutory remedy under Section 35 of the Maharashtra Slums Areas (Improvement, Clearance and Redevelopment) Act, 1971 and may seek interim relief before the AGRC.

Summary

The Jai Santoshi Maa Tower Co‑operative Housing Society Ltd. filed a writ petition challenging a Letter of Intent issued by the Mumbai Metropolitan Region Slum Rehabilitation Authority. The petitioners argued that construction was proceeding and that they should be allowed to obtain interim relief. The court observed that the petitioners have a specific statutory remedy under Section 35 of the Maharashtra Slums Areas (Improvement, Clearance and Redevelopment) Act, 1971 to appeal before the Apex Grievance Redressal Committee. It noted that any application for interim relief should be made to the AGRC for speedy consideration. Consequently, the court disposed of the writ petition without granting any relief, leaving the matter to be pursued through the statutory forum.

Issues considered

Whether the writ petition is maintainable when a specific statutory remedy under the Maharashtra Slums Areas Act exists
Whether the petitioner is entitled to interim relief pending the statutory appeal before the AGRC

Subjects

writ petition
slums act
statutory remedy
interim relief
AGRC
construction
letter of intent

Judgment

                                                           48-WP-10469-2026.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

               WRIT PETITION NO. 10469 OF 2026
Jai Santoshi Maa Tower Co-operative Housing
Society Ltd.
Through its Secretary
Mr. Sanjay V. Wagh                          .....Petitioner
                 Versus
Mumbai Metropolitan Region Slum
Rehabilitation Authority and Ors.                   .....Respondents
                            .....
Mr. Sriniwas Patwardhan i/b Mr. Sandesh Deshpande, for the
Petitioner.

Ms. Yashi Bhatt i/b Ms. Ravleen Sabharwal, for the Respondent-SRA.

Mr. Virendra Pethe i/b Mr. Sagar Joshi, for the Respondent No.2.

Mr. Mandar Limaye, for the Respondent No.3.

Mr. Kedar B. Dighe, Addl. G. P. a/w Mr. A. R. Deolekar, A.G.P., for the
Respondent.
                                  ..…
                                    CORAM : M. S. KARNIK &
                                            SANDESH D.PATIL, JJ.
                                    DATE   : 17th AUGUST 2026
P.C.:-

1.        The Petitioner has statutory remedy of Appeal under the Slums

Act before the Apex Grievance Redressal Committee (AGRC) under

Section 35 of The Maharashtra Slums Areas (Improvement,

Clearance and Redevelopment) Act, 1971 challenging the Letter of

Intent.

Manisha                                                                   1/2
              Digitally signed by
MANISHA       MANISHA
              BALKRISHNA
BALKRISHNA    TALEKAR
TALEKAR       Date: 2026.08.18
              15:41:47 +0530
                                                          48-WP-10469-2026.doc


2.        One of the contention of the learned Counsel for the Petitioner

is that the construction is going on in full swing. If that is so, an

appropriate application be made for grant of interim relief before the

AGRC. If such an application is made, the AGRC to consider the

application for interim relief expeditiously.


3.        Keeping all contentions of the parties open and with aforesaid

liberty, Writ Petition No.10469 of 2026 is disposed of.




(SANDESH D.PATIL, J.)                              (M. S. KARNIK, J.)




Manisha                                                                  2/2

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