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Bombay High Court

SHIV CHHATRAPATI SRA CHS LTD.versusSTATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the petitioners' grievances must be resolved by the Special Cells constituted under the Maharashtra Slum Areas Act, and therefore declined to grant mandamus, disposing the petition.

Summary

The petitioners, a slum rehabilitation cooperative, sought mandamus directing the State of Maharashtra and the Slum Rehabilitation Authority (SRA) to redevelop specific lands and pay transit rent owed since 2015. The Court noted the grievance stemmed from the developer's termination and non‑payment of transit rent, but declined to adjudicate the merits. Relying on prior judgments and the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, the Court emphasized the role of Special Cells created by the SRA to handle such complaints. It directed the petitioners to file their applications with the appropriate Special Cell by a specified date, outlining procedural steps for service, hearing, and disposal. The Court clarified that any order of the Special Cell would be an order of the SRA and that aggrieved parties retain statutory remedies. Consequently, the petition was disposed without granting the writs.

Issues considered

  • The Court's jurisdiction to issue mandamus directing redevelopment and payment of transit rent under Article 226.
  • Whether the petitioners are entitled to compulsory performance of the SRA under the Maharashtra Slum Areas Act.
  • The applicability of Section 33(B) of the Maharashtra Slum Areas Act for recovery of transit rent.
  • The appropriateness of directing the matter to the Special Cells constituted by the SRA.
  • The extent to which the Court must defer to administrative mechanisms versus judicial intervention.

Legislation cited

Subjects

  • transit rent
  • slum rehabilitation
  • Special Cell
  • mandamus
  • possession
  • redevelopment
  • Article 226
  • Article 21
  • mediation

Judgment

                                                                                                11WP 10791-22.DOC


LAXMI
SUBHASH                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SONTAKKE

Digitally signed by
                                          CIVIL APPELLATE JURISDICTION
LAXMI SUBHASH
SONTAKKE
Date: 2026.02.04
10:53:18 +0530
                                            WRIT PETITION NO. 10791OF 2022


                      Shiv Chhatrapati SRA CHS Ltd.                                     ...Petitioners
                             Versus
                      State of Maharashtra & Ors.                                       ...Respondents

                                                              _______
                      Mr. Ketan Dhavle for Petitioner.
                      Ms. Savita Prabhune, AGP for Respondent-State.
                      Ms. Aparna Vhatkar for Respondent No.2 & 3.
                                                              _______

                                                          CORAM:         G. S. KULKARNI &
                                                                         AARTI SATHE, JJ.

                                                          DATE:          2nd FEBRUARY 2026

                      P.C.

                      1.         This Petition under Article 226 of the Constitution of India is filed

                      praying for the following substantive reliefs:-


                              “a. For Writ of Mandamus or a Writ in the nature of Mandamus or any
                              other Writ, Order or Direction, directing the Respondent Nos. 1 to 3
                              to redevelop the lands bearing CTS No. 142, 143, and 146, village
                              Hariyali, Vikroli (E), Mumbai in accordance with the provisions of the
                              Maharashtra      Slum    Areas    (Improvement      Clearance And
                              Redevelopment) Act, 1971 and put the eligible members of the
                              Petitioner in possession of the redeveloped flats/tenements within a
                              time frame this Hon'ble Court may deem fit;


                              b. For Writ of Mandamus or a Writ in the nature of Mandamus or any
                              other Writ, Order or Direction, directing the Respondent Nos. 1 to 3
                              to pay monthly compensation to the eligible members of the Petitioner
                              from September, 2015 till the eligible members of the Petitioner put in
                              possession of the redeveloped flats;”




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2.           The basic grievance of the Petitioner is the non-payment of transit rent

by the Developer, whose appointment has since been terminated. As on date, the

Petitioner has not received any transit rent. We do not propose to delve into the

merits of the rival contentions, as we are not aware whether any deposits made by

the Developer are lying with the Slum Rehabilitation Authority, or whether any

new Developer has been appointed.

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
         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.



1 2025 SCC OnLine Bom 5570


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        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.

           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).


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        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 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


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        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.

                                           (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.



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        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).

        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.




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        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).

        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


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         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
        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



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        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 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.


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        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 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



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        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 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.




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                                                                                11WP 10791-22.DOC



              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.”

4.         In this view of the matter, we permit the Petitioner to approach the

Special Cell by making a substantive representation, which shall be made within a

period of ten days from today. If such a representation is made, the same shall be

decided within the time frame stipulated 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.


5.         The Petition is disposed of in the aforesaid terms. No costs.




        (AARTI SATHE, J.)                              (G. S. KULKARNI, J.)



                                     Page 12 of 12
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