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
- Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — s. 33, 33(10), 33(B), 3(E)
- Mediation Act, 2023
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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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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