Bombay High Court

SANJAY NAGARI SRA SAHAKARI GRUHA NIRMAN SANSTHAversusTHE CHIEF EXECUTIVE OFFICE SLUM REHABILITATION

Decided: 31 August 2026
Disposal: Disposed Off

Holding

The petition is dismissed as the termination of the developer's appointment under Section 13(2) eliminates the cause of action, and the petitioner must seek other remedies for rent matters.

Summary

The petitioner, Sanjay Nagari SRA Sahakari Gruha Nirman Sanstha, filed a writ petition challenging actions of the Slum Rehabilitation Authority (SRA) after the SRA terminated the appointment of a developer under Section 13(2) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The petition also sought relief concerning pending rent and arrears of rent. The Court noted that the termination communication dated 8 April 2026 effectively removed the basis for the petition, leaving no matter for further consideration. It directed the petitioner to pursue appropriate remedies against the SRA's subsequent letter dated 5 May 2026 and to approach the Rent Committee for the rent issues. Consequently, the Court disposed of the petition without granting any relief.

Issues considered

What is the effect of the SRA's termination of the developer's appointment under Section 13(2) on the petitioner's writ petition?
Whether the petitioner can seek relief for pending rent and arrears of rent despite the termination?
Whether the petition remains maintainable after the termination communication?

Legislation cited

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — s. 13(2)

Subjects

termination of developer appointment
Slum Rehabilitation Authority
rent arrears
Maharashtra Slum Areas Act
writ petition
rent committee

Judgment

                                                                    17-WP-689-2026.doc

       Digitally
       signed by
                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       PURTI
PURTI PRASAD
PRASAD PARAB
                              CIVIL APPELLATE JURISDICTION
PARAB Date:
       2026.08.31
       18:03:18
       +0530
                               WRIT PETITION NO. 689 OF 2026

       Sanjay Nagari SRA Sahakari Gruha Nirman
       Sanstha                                                    … Petitioner
               Versus
       The Chief Executive Officer
       Slum Rehabilitation Authority and Ors.                     ... Respondents

                                  __________________________

      Mr. Kunal Damle i/b Mr. J.P. Singh for the Petitioner.
      Mr. Yash Bhat i/b Ms. Ravleen Sabharwal for the Respondent – SRA.
      Mr. Chirag Balsara a/w Mr. Nikhil Wable i/b Jayakar & Partners for
      Respondent Nos. 2 and 3.
      Ms. S.D. Vyas, Addl. G.P. a/w Ms. V.s. Nimbalkar, AGP for the Respondent –
      State.
                             __________________________

                                          CORAM       : M. S. KARNIK AND
                                                        SANDESH D. PATIL, JJ.
                                          DATED       : 31st AUGUST, 2026.

      P.C. :

      1.                Learned Counsel for the Petitioner has placed on record a copy

      of the communication dated 8th April, 2026 received from SRA terminating

      the appointment of the developer under Section 13(2) of the Maharashtra

      Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. In

      view of such communication nothing survives for further consideration in

      this Petition.



      2.                The learned Counsel for the Respondent No.2 placed on

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                                                            17-WP-689-2026.doc

record a copy of the letter dated 5 th May, 2026 addressed by the SRA to the

Petitioner. In the light of the subsequent development, it is open for the

Petitioner to take appropriate remedies against the communication dated

5th May, 2026 in accordance with law.



3.             So far as the pending rent and arrears of rent are concerned it

is open for the Petitioner to seek appropriate remedies including

approaching the Rent Committee which has been constituted pursuant to

the orders passed by this Court. The SRA to proceed further in accordance

with law.



4.             The Petition is accordingly disposed of.




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




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