Bombay High Court
ALICE ALBERT DSOUZAversusTHE CHIEF EXECUTIVE OFFICER SLUM REHABILITATION AUTHORITY
- Decided
- Disposal
- DISPOSED OFF
Holding
The SRA must decide the petitioner’s request for flat transfer within four weeks without requiring a no‑objection certificate from the society.
Summary
The petitioner, Alice Albert D’souza, filed a writ petition seeking the Slum Rehabilitation Authority’s (SRA) permission to transfer her flat in a rehabilitation building to a donee under a gift deed. The petitioner’s proposal, dated 9 December 2024, was received by the SRA on 11 December 2024. The society (Respondent No.2) acknowledged the petitioner as a member and did not raise any objection, contending that the SRA alone should decide the matter. The Court held that the SRA must decide the request within four weeks of the order and need not obtain a no‑objection certificate from the society. The Court also directed that any requisition by the SRA be communicated within one week. Consequently, the writ petition was disposed.
Issues considered
- Whether the SRA must grant permission for the transfer of the petitioner’s flat without a no‑objection certificate from the society when the petitioner is recognized as a member.
- Whether the SRA is required to decide the petitioner's request within a specified time frame.
- Whether the SRA may impose any requisition on the petitioner and, if so, the procedure for communication.
Subjects
- Slum Rehabilitation Authority
- flat transfer
- gift deed
- society membership
- no‑objection certificate
- writ petition
- civil jurisdiction
Judgment
38-WP-3474-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 3474 OF 2026
Alice Albert D’souza .....Petitioner
Versus
The Chief Executive Officer and Ors. .....Respondents
.....
Ms. Drishti Khurana i/b Mr. Atif Shaikh, for the Petitioner.
Mr. Dilip Vasu Poyyara i/b Ms. Uma Palsuledesai, for the Respondent-
SRA.
Mr. Amit Dubey a/w Mr. Sandeep Dubey, for the Respondent Nos.2 to
4.
..…
CORAM : M. S. KARNIK &
SANDESH D.PATIL, JJ.
DATE : 25th AUGUST 2026
P.C.:-
1. Heard learned Counsel for the Petitioner.
2. Heard learned Counsel for the Respondent-SRA and also
learned Counsel for the Respondent Nos.2 to 4.
3. The Petitioner had submitted a proposal to the Slum
Rehabilitation Authority (S.R.A) on 9th December, 2024 which was
duly received by the S.R.A on 11th December, 2024. By the aforesaid
letter dated 9th December, 2024 of the Petitioner, permission was
sought from the Office of S.R.A. for the sale of Flat No.306 in the
Manisha 1/3
Digitally signed by
MANISHA MANISHA
BALKRISHNA
BALKRISHNA TALEKAR
TALEKAR Date: 2026.08.27
10:54:25 +0530
38-WP-3474-2026.doc
rehabilitation building no.3/A of the Respondent No.2-Society as per
the Circular CR145 of S.R.A.
4. Learned Counsel for the Respondent No.2-Society submits that
at the relevant time there was administrator who was holding charge
of the Society. However, so far as their stand is concerned, they have
nothing to state as regards to no objection for they recognize the
Petitioner as the Member of the Society. Once the Respondent No.2-
Society is recognizing the Petitioner as Member of the Society, the
question of no objection from the Society does not arise as it is now
for the S.R.A. to take an appropriate decision on the proposal which
is received from the Petitioner dated 9th December, 2024.
5. In such view of the matter, the S.R.A. to decide the request
made by the Petitioner vide the proposal dated 9th December, 2024
for transfer of the Petitioner’s flat bearing No.3/A, 3 rd Floor, Shanti
Nagar Rahivashi Society, in favour of the “Donee” Claude Dominic
D’Souza under the Gift Deed dated 13 th September, 2023 within a
period of four weeks from the date of communication of the Order,
without insistence of the no objection from the Respondent No.2-
Society. The decision be communicated to the Petitioner.
Manisha 2/3
38-WP-3474-2026.doc
6. If the S.R.A. wants the Petitioner to comply with any
requisition, the same be communicated within a period of one week
from the date of communication of this Order.
7. In view of above, Writ Petition No.3474 of 2026 stands
disposed of.
(SANDESH D.PATIL, J.) (M. S. KARNIK, J.)
Manisha 3/3
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