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Bombay High Court

SMT. SHASHIKALA KAMALKAR KENY AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The petition is disposed, and the Chief Executive Officer of the Slum Rehabilitation Authority, Bandra (East), is directed to decide the pending application on its merits.

Summary

The petitioners, Shashikala Kamalakar Keny and others, filed a writ petition seeking revocation of a Letter of Intent dated 11 April 2022 and a subsequent correspondence dated 5 May 2022 concerning a slum rehabilitation scheme. They requested that the application filed with the Chief Executive Officer of the Slum Rehabilitation Authority (SRA), Bandra (East) on 18 July 2022 be decided. The respondents, the State of Maharashtra and the SRA, raised no objection to the petitioners' request. The Court, after hearing counsel, directed the CEO of the SRA to consider the application on its merits and ordered the petition to be disposed. The Court expressly refrained from commenting on the substantive merits of the revocation claim, leaving all parties' contentions open for future determination.

Issues considered

  • Whether the Letter of Intent dated 11 April 2022 and the correspondence dated 5 May 2022 can be revoked by the petitioners.
  • Whether the writ petition should be disposed without adjudicating the merits of the revocation claim.

Subjects

  • Slum Rehabilitation Authority
  • Letter of Intent
  • revocation
  • writ petition
  • administrative law
  • disposal of petition

Judgment

          Digitally
          signed by
          RUPALI
RUPALI    RAJESH                                                    38-WP-12386-2022.doc
RAJESH    WAKODIKAR
WAKODIKAR Date:
          2026.08.21
          11:32:29
          +0530
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION
                                WRIT PETITION NO. 12386 OF 2022


                  Shashikala Kamalakar Keny & Ors.             ...Petitioners
                       Versus
                  The State of Maharashtra & Ors.              ...Respondents


                  Mr. Mayur Khandeparkar a/w Mr. Shashank P. Borade for the
                  Petitioners.

                  Ms. Rupali Shinde, A.G.P for the Respondent-State.

                  Mr. Jagdish G. Aradwad (Reddy) for the Respondent No.2 – SRA.

                                       CORAM : M. S. KARNIK &
                                               SANDESH D. PATIL JJ.
                                       DATE : 19th AUGUST, 2026



                  P.C. :


                  1.           The petitioners have filed this petition to revoke the

                  impugned LOI dated 11th April, 2022 and CC dated 5 th May, 2022 in

                  respect of the slum scheme which is subject matter of the present

                  writ petition.




   Wakodikar                                                                         1/2
                                                                38-WP-12386-2022.doc


            2.         Learned Counsel appearing for the petitioners submits

            that he would be satisfied if the application preferred to the Chief

            Executive Officer, Slum Rehabilitation Authority, Bandra (East) which

            is on page 180 of the petition, is decided.



            3.         Learned Counsel appearing for the respondents does not

            have any objection for the same. Hence, the Chief Executive Officer,

            Slum Re-habilitation Authority, Bandra (East) is directed to decide

            the application made to it on 18th July, 2022 which is at page 180 of

            this petition on its own merits. Petition is accordingly disposed of.



            4.         Needless to state, we have not commented upon the

            merits of the matter and all contentions of all parties are kept open.




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




Wakodikar                                                                           2/2


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