Bombay High Court
CHRISTOPHER CYRIL CORREIAversusAPEX GRIEVANCE REDRESSAL COMMITTEE SLUM REHABILITATION AUTORITY AND ORS
- Decided
- Disposal
- Dismissed
- Bench
- N JAMADAR
Holding
The authorities were correct in holding that the petitioner’s father could not obtain a second benefit under another slum rehabilitation scheme, and the writ petition was dismissed.
Summary
The petitioner, Christopher Cyril Correia, filed a writ petition under Article 227 challenging the Apex Grievance Redressal Committee's order dismissing his appeal against an Appellate Authority decision that declared his father ineligible for the Amrapali slum rehabilitation scheme. The father had previously been allotted a flat in the Kalina Sangam scheme and had transferred that flat to several parties. The petitioner claimed he had not applied for or benefited from the Kalina scheme and that the documents were misused. The court held that the authorities had correctly found, based on objective material, that the father had already availed benefits under another scheme and therefore could not claim a second benefit under the Amrapali scheme, as per Regulation 33(10)(VI)(1.10) of the DCR. Consequently, the petition was dismissed with no interference in the supervisory jurisdiction.
Issues considered
- Whether the Apex Grievance Redressal Committee erred in upholding the Appellate Authority's finding that the petitioner’s father was ineligible for the Amrapali slum rehabilitation scheme after having availed benefit under the Kalina Sangam scheme.
- Whether the petitioner’s documents showing non‑application for the Kalina scheme should have altered the eligibility determination.
Legislation cited
Subjects
- Slum Rehabilitation Scheme
- Eligibility
- Double Benefit
- Article 227
- Writ Jurisdiction
- Regulation 33(10)(VI)(1.10)
- Maharashtra Slum Areas Act
- Apex Grievance Redressal Committee
Judgment
2026:BHC-AS:8761
17 wp 15856 of 2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.15856 OF 2025
Christopher Cyril Correia ... Petitioner
versus
Apex Grievance Redressal Committee and Ors. … Respondents
Mr. Mukesh Tiwari, for Petitioner.
CORAM: N.J.JAMADAR, J.
DATE : 17 FEBRUARY 2026
P.C.
1. Heard the learned Counsel for the Petitioner.
2. By this Petition under Article 227 of the Constitution of India, the
Petitioner assails an order dated 28 January 2025 passed by the Apex
Grievance Redressal Committee in Appeal No.105 of 2023, whereby the
appeal preferred by the Petitioner against an order dated 15 December 2022
passed by the Additional Collector (E/R) and Appellate Authority under
Section 35 of the Maharashtra Slum Areas (Improvement, Clearance and
Redevelopment) Act, 1971, came to be dismissed.
3. Late Cyril Michael Correia, father of the Petitioner, was declared eligible
for the benefit under the slum rehabilitation scheme of Amrapali CHS Limited
situated at Kole-Kalyan, Tal. Andheri. The name of the Petitioner’s father was
included in Annexure II at Sr. No.171. Mr. James Lobo (R4) lodged a
complaint with the Competent Authority, SRA, that late Cyril M. Correia and
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Chandan Singh Meher had obtained benefits under the SRA scheme for
Kalina Sangam CHS as well as Amrapali CHS. After having been allotted a
tenement in Kalina Sangam CHS, late Cyril Correia got his name fraudulently
inserted in Annexure II for Amrapali CHS on the basis of the self-same
documents and availed the benefit under the said SRA scheme as well.
4. By an order dated 15 December 2022, the Appellate Authority declared
late Cyril M. Correia and Chandan Singh Meher permanently ineligible for the
benefit under Amrapali CHS Ltd. The Appellate Authority noted that, after
allotment of the tenement in Kalina Sangam i.e. Flat No.A-303, late Cyril
Correia had sold the said tenement to L.C.A.Joseph and the latter had, in
turn, transferred the said tenement to Kiran and Harshada Dumbre, who had
further transferred the said flat to Shivram Laxman Pawar, whose name was
included in the list of members of the society and in whose favour share
certificate was also issued by the Society. Thus, having availed the benefit of
the SRA scheme in respect of Kalina Sangam CHS, late Cyril Correia could
not have again obtained the benefit under the slum rehabilitation scheme for
Amrapali.
5. Being aggrieved, the Petitioner preferred an appeal before the Apex
Grievance Redressal Committee. It was contended that the Petitioner had
placed on record documents to demonstrate that the Petitioner had not
applied for, and availed, the benefit under the SRA scheme for Kalina
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Sangam CHS. Without delving into those documents, the Appellate Authority
had passed an order dated 15 December 2022. The Apex Grievance
Redressal Committee was not persuaded to accede to the aforesaid
contentions of the Petitioner, and reiterating that, late Cyril Correia had
transferred the tenement i.e. Flat No.A-303 allotted to him in Kalina Sangam
CHS, the Apex Grievance Redressal Committee dismissed the Appeal.
6. Being further aggrieved and dissatisfied, the Petitioner has invoked the
writ jurisdiction.
7. Mr. Tiwari, learned Counsel for the Petitioner, would urge that, both the
authorities have not considered the material placed on record by the
Petitioner to show that he was legitimately entitled to the benefit under the
slum rehabilitation scheme for Amrapali CHS. By mis-using the documents
pertaining to the late father of the Petitioner, a tenement was shown to have
been allotted in the name of the father of the Petitioner in Kalina Sangam
CHS.
8. The submissions do not deserve to be countenanced. Both the
authorities have recorded concurrent finding of facts based on objective
material to show that late Cyril Correia had availed the benefit under the SR
scheme for Kalina Sangam CHS. After availing the benefit, late Cyril Correia
had transferred Flat No.A-303 in Kalina Sangam CHS to L.C.A.Joseph, which
was further transferred to successive transferees.
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9. In the face of the aforesaid material, the submission on behalf of the
Petitioner that the documents pertaining to late Cyril Correia were misused
and Flat No.A-303 was shown to have been allotted in the name of late Cyril
Correia fraudulently, does not hold any ground.
10. In view of the provisions contained in Regulation 33(10)(VI)(1.10) of
DCR, any person who can be held eligible under more than one slum
rehabilitation scheme, shall be held eligible in only one scheme. The
authorities were, thus, justified in holding that, late Cyril Correia could not
have again availed the benefit under the SRA scheme for Amrapali CHS after
having been allotted a tenement i.e. Flat No.A-303 in Kalina Sangam CHS, in
view of the bar contained in DCR 33(10). No interference is, thus, warranted
in the exercise of the supervisory jurisdiction.
11. 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: 20/02/2026 18:16:35
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