SONYA CHAITYA VARTHE AND ORSversusSLUM REHABILITATION AUTHORITY AND ORS

2026:BHC-AS:36312

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                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                                 WRIT PETITION NO.11272 OF 2026

            Sonya Chaitya Varthe and Ors.                        ...   Petitioners
                 versus
            Slum Rehabilitation Authority and Ors.               …     Respondent

            Mr. Aseem Naphade with Mr. Induprakash Tripathi i/by C.K.Tripathi and Co.,
            for Petitioners.
            Ms. Tanaya Goswami (through VC) for AGRC.
            Ms. Rutuja Shedge i/by Ms. Ravleen Sabharwal, for SRA.
            Mr. Chetan Kapadia, Sr. Advocate with Mr. Karl Tamboly, Mr. Abhishek
            Kothari, Ms. Saloni Shah, Ms. Shivani Khanwilkar, Ms. Dhun Vinod Santosh
            i/by Khanwilkar and Shah Associates, for Respondent No.4.

                                CORAM:      N.J.JAMADAR, J.

                                DATE :      3 SEPTEMBER 2026

            P.C.

            1.      Heard the learned Counsel for the parties.

            2.      By this Petition under Article 227 of the Constitution of India, the

            Petitioners assail the legality, propriety and correctness of an order dated 21

            August 2026 in Appeal No.255 of 2026 passed by the Apex Grievance

            Redressal Committee, - AGRC (R5), whereby the appeal preferred by the

            Petitioners against the order dated 19 June 2026 passed by the Deputy

            Collector – SRA (R2) directing the eviction of the Petitioners under the

            provisions of Sections 33 and 38 of the Maharashtra Slum Areas

            (Improvement, Clearance and Redevelopment) Act, 1971, came to be

            dismissed.


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3.      The Petitioners claimed that they are the members of Schedule Tribe

(ST).   An area admeasuring 5931.80 sq. mtrs., along with the structures

standing thereon, situated at Survey No.163, CTS No.128/A/7, Bunder

Pakhadi, Kandivali, Mumbai (the subject premises) has been in the

possession and occupation of the Petitioners and their predecessors in title,

who were the protected tenants of the subject premises. The Petitioners

claimed, on the Tiller’s day, the predecessors in title of the Petitioners became

the deemed purchasers of the subject premises under the provisions of the

Maharashtra Tenancy and Agricultural Lands Act, 1948 (the MT & AL Act,

1948). The names of the predecessors in title of the Petitioners have been

mutated to the record of right of the subject land as the tenants thereof. Since

the predecessors in title and, after their demise, the Petitioners have become

the purchasers of the subject premises, the provisions contained in Section

36A of the Maharashtra Land Revenue Code, 1966, prohibiting the transfer of

the land to a non-tribal person without the prior permission of the District

Collector are also attracted. Thus, the invocation of the provisions contained

in the Slum Act, 1971 qua the subject premises was completely illegal.

Resultantly, the order passed by the Respondent No.2 directing the

petitioners to vacate their structures and deliver the possession of the subject

premises without delving into the issues raised by the Petitioners is

completely illegal. The AGRC has also not examined the issues raised by the


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Petitioners and has upheld the order of       Respondent No.2 on untenable

grounds.

4.    Mr. Naphade, learned Counsel for the petitioners, invited attention of

the court to the record of rights of the Survey No.163 (Exh.D), which, inter

alia, records the name of the predecessors in title of the Petitioners as one of

the tenants. Mr. Naphade would submit that, once the predecessors in title of

the Petitioners were shown to be the tenants in respect of the subject

premises on the Tiller’s day, the ownership in the land stands transferred to

the tenant, as the tenant became the deemed purchaser.                Thus, the

provisions contained in Sections 32G and 32M of the MT and AL Act, 1948,

were clearly attracted. This aspect has not been examined by the authorities,

though specific grounds were raised. Therefore, till the claim of tenancy of

the Petitioners, which is borne out by the record, is determined under Act,

1948, the possession of the Petitioners deserves to be protected.

5.    Mr. Kapadia, learned Senior Advocate for the Respondent No.4

countered the submissions on behalf of the Petitioners. It was urged that, the

Petitioners have left no stone unturned to put hindrances in the

implementation of the slum rehabilitation scheme. Not only the Petitioners

were provided an efficacious opportunity of hearing by the authorities under

the Slum Act, 1971, but the Petitioners had also instituted proceedings before

the National Commission for ST and instituted suit before the City Civil Court


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being L.C.Suit No.1045 of 2026, and failed to obtain any relief. The claim of

the Petitioners that they are the tenants in respect of the subject premises has

also been negatived by the revenue authorities. Attention of the Court was

invited to a communication dated 19 November 2003, addressed by the

Collector, Mumbai Suburban District, that the subject premises is Government

Waste Land, Khoti tenure has been abolished and the provisions of MT and

AL Act, 1948 were not attracted to the subject premises.

6.    I have perused the material on record. The AGRC declined to interfere

with the order of eviction passed by the Respondent No.2, recording that the

names of the Petitioners are included in the Annexure II at Sr. Nos.212, 210,

113 and 182, respectively. The report submitted by the DSLR – SRA dated 4

August 2026, on the basis of the site inspection conducted on 3 August 2026,

revealed that the structures of the Petitioner No.2 – Ravi (Sr. No.182 in

Annexure II) appeared to fall within the slum boundary; the structure of

Santosh - Petitioner No.4 (Sr. No.213) appeared to be outside the slum

boundary; and some portions of the the structures of the Petitioner No.3 –

Ramesh (Sr. No.210) and Petitioner No.1 Sonya (Sr. No.212) lay outside the

slum boundaries. Banking upon the Circular issued by the SRA dated 11

June 2023, which provides that, if more than 10% of the structure is situated

within the boundary of the Slum Scheme, the Competent Authority shall

determine the eligibility of the concerned hutment dwellers, the AGRC held


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that, the inclusion of the subject structures in the SR Scheme was justified.

Since the Petitioner Nos.1 and 3 have been declared eligible in the certified

Annexure II and the Petitioner Nos.2 and 4, though declared ineligible in the

year 2010, have not challenged the said declaration for over 16 years and as

the SR scheme had reached an advanced stage; with 184 out of 231

structures already demolished and the respondent No.4 has deposited the

transit rent for the Petitioners as well, the order of eviction passed by the

Respondent No.2 under Sections 33 and 38 of the Slum Act, 1971, did not

warrant interference, ruled AGRC.

7.     If the controversy is appraised through the prism of the provisions of the

Slum Act, 1971, no fault can be found with the impugned order as the

Petitioner Nos.1 and 3 would be entitled to the benefits as admissible under

the SR Scheme. Wheras, the Petitioner Nos.2 and 4 will have to work out

their remedies, as available in law to avail the said benefits.

8.     Thus, the thrust of the challenge on behalf of the Petitioners was on

their perceived status as the successors in interest of the person(s), who

was / were in cultivation of the subject land as tenant thereof on the Tiller’s

day.

9.     At this juncture, the determination need not be based on the letter

dated 19 November 2003, which was purportedly issued by the Collector,

Mumbai Suburban District, declaring that the subject land is Government


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Waste land and the provisions of MT and AL Act, 1948, are not attracted. It

could be urged that the issue has to be decided by the Tribunal constituted

under the MT and AL Act, 1948.

10.   There is a more surer foundation on which the claim of the Petitioners

can be determined. The provisions contained in Section 43C of the MT and

AL Act, 1948, provide a complete answer. Section 43C with its proviso came

into force on 1 August 1956. Section 43C declares that, nothing in Sections

31 to 32R (both inclusive), 33A, 33B, 33C and 43 shall apply to lands in the

areas within the limits of Greater Bombay and the areas included in clauses

(b) to (f) thereof. Since the provisions of Section 31 to 32R are not at all

attracted to the lands within the limits of Greater Bombay, unless the benefit of

the proviso to Section 43C becomes available, the claim of the Petitioners

premised on the applicability of the provisions contained in Sections 32, 32G

and 32M of the MT and AL Act, 1948, is plainly unsustainable.

11.   Prima facie, the copies of the record of rights of the subject premises

placed on record by the Petitioners do not bring the case of the Petitioners

within the ambit of the proviso to Section 43C. The entries in the cultivation

column in the record of rights (Exh.D – page 79), at best, indicate the

cultivation by the predecessor in title of one of the Petitioners, in the year

1980-81.

12.   Having regard to the object of the provisions of the Slum Act, 1971 and


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                      the stage of the implementation of the subject SR scheme and the limited

                      scope for interference in an order passed under Sections 33 and 338 of the

                      Slum Act, 1971, this court, in exercise of its supervisory jurisdiction, does not

                      find any reason to interfere with the impugned order.

                      13.      The Writ Petition, thus, stands dismissed.




                                                                            ( N.J.JAMADAR, J. )




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Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 03/09/2026 22:31:03