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Bombay High Court

RAVINDRA VINAYAK GADREversusSTATE OF MAHARASHTRA THR GOVERNMENT PLEADER A.S. AND ORS

Decided
Disposal
Disposed Off

Holding

The Court remanded the matter for fresh consideration of the petitioner's claim, permitting the probate to be placed on record.

Summary

The petitioner challenged an order of the Grievance Redressal Committee that denied him a rehabilitation unit under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 because he had not produced any document showing possession of the premises prior to 2016. The committee observed that the petitioner's niece was in possession of two huts and concluded that the petitioner was ineligible. The petitioner thereafter produced a will of his deceased brother bequeathing a specific room, together with a probate decree, to establish prior interest. Respondents contended that the probate was not on record at the time of the survey and should be produced for reconsideration. The High Court remanded the matter, directing the respondents to reconsider the petitioner's claim afresh, allowing him to file the probate, and ordered a decision within eight weeks, thereby disposing the petition by remand.

Issues considered

  • Whether the petitioner is eligible for a rehabilitation unit under the Slums Act in the absence of documentary proof of possession prior to 2016.
  • Whether a probate of a brother's will, produced after the survey, can be considered to establish the petitioner's prior interest in the premises.

Legislation cited

Subjects

  • rehabilitation
  • slum redevelopment
  • probate
  • will
  • eligibility
  • possession
  • Maharashtra Slum Areas Act
  • writ petition
  • remand

Judgment

                                                                                27.WP.4908.2024(1).docx


                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                   CIVIL APPELLATE JURISDICTION

                                                  WRIT PETITION NO.4908 OF 2024

                             Ravindra Vinayak Gadre                                ….Petitioner
                                       Versus
                             State Of Maharashtra & Ors.                           ....Respondents



                                  Mr. Nishant Sangle, for Petitioner.

                                  Smt. D.S. Deshmukh, AGP for State.


                                                        CORAM: SOMASEKHAR SUNDARESAN, J.

                                                        DATE     : JANUARY 28, 2026
                             ORDER :

                             1.        This Petition impugns an Order dated June 17, 2021 passed by

                             Respondent No.2, Grievance Redressal Committee (“Impugned Order”)

                             under the Maharashtra Slum Areas (Improvement, Clearance and

                             Redevelopment) Act, 1971 (“the Slums Act”).

                             2.        The Impugned Order disallows the claim of the Petitioner for a

                             rehabilitation unit in respect of the slum in question on the premise

                             that the Petitioner has not provided a single document to show his

                             possession of the premises prior to 2016.           It is indicated in the

                             Impugned Order that the Petitioner’s niece, one Vaibhavi Gadre, was

                             found in the premises at the time the survey was conducted and her
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name was mentioned in Annexure II against Hut No.1750. The said

Vaibhavi Gadre was also found to be in possession of Hut No.1744 and

had been declared eligible in the respect of rehabilitation in lieu of Hut

No.1744.

3.        Therefore, the Petitioner was held to be ineligible, and the

appellate forum, which passed the Impugned Order, has indicated that

there is not a single document to indicate the Petitioner’s interest prior

to 2016.

4.        A close perusal of the Impugned Order would indicate that the

Petitioner did bring to bear a will made by his brother, Vijay Vinayak

Gadre, in his favour which alludes to Room No.962 bearing Structure

No.378 as being bequeathed to the Petitioner.               This is said to

correspond to the entitlement denied on account of the niece being

found in possession of two units. The said Vijay Vinayak Gadre is said

to have passed away some time in 2013 and a probate is also said to

have been obtained.

5.        Learned Counsel for the Respondents states that at the relevant

time of survey, the probate had not been in place and should the matter

be remanded with the probate being brought on record, the matter

would be re-considered by the Respondents.




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6.        The Respondents shall deal with the aforesaid facet of the matter

as expeditiously as possible, preferably within a period of eight weeks

from today.

7.        In these circumstances, the Petition is disposed of by way of

remand directing the Respondents to consider the matter afresh from

the perspective of the prior interest in the premises (prior to 2016),

with liberty to the Petitioner to bring the probate on record.

8.        All actions required to be taken pursuant to this order shall be

taken upon receipt of a downloaded copy as available on this Court’s

website.



                                    [ SOMASEKHAR SUNDARESAN, J.]




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