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Bombay High Court

SUPRIYA SUBHASH MOREversusTHE APEX GRIEVANCE REDRESSAL COMMITTEE

Decided
Disposal
DISPOSED OFF

Holding

The Court allowed the petitioners' reliefs, held that the order of regularisation governs the occupation, and disposed of the petitions while leaving open the right of Respondent No.5 to challenge that order.

Summary

The petitioners, a group of occupants of flats managed by the Slum Rehabilitation Authority (SRA), filed writ petitions challenging eviction proceedings initiated by the Apex Grievance Redressal Committee (AGRC) and other respondents, asserting that they now have a valid order of regularisation in their favour. Respondent No.5, a complainant, contended that the petitioners remain illegal occupants and that the earlier eviction order dated 6 October 2025 must be enforced. The Court noted that an order of regularisation had already been passed, placing the petitioners in lawful occupation, and that the earlier eviction order was therefore superseded. However, the Court observed that the petitioners were not parties to the regularisation proceedings and that the order of regularisation could be challenged in accordance with law. Consequently, the Court allowed the petitioners' prayers (a) and (b), kept open the right of Respondent No.5 to contest the regularisation order, and disposed of the writ petitions.

Issues considered

  • Whether the petitioners are illegal occupants of the SRA flats despite the order of regularisation.
  • Whether the earlier eviction order dated 6 October 2025 remains enforceable after the regularisation order.
  • Whether Respondent No.5 has the right to challenge the order of regularisation.

Subjects

  • eviction
  • regularisation
  • illegal occupation
  • Slum Rehabilitation Authority
  • writ petition
  • order of regularisation
  • challenge
  • grievance redressal committee

Judgment

                                                    16-wp 4550-25.doc

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            ORDINARY ORIGINAL CIVIL JURISDICTION

                  WRIT PETITION NO. 4550 OF 2025

P. V. Surendran                                    … Petitioner
          Versus
The Apex Grievance Redressal Committee & Ors.      ... Respondents


                              WITH
                  WRIT PETITION NO. 1166 OF 2026

Allwyn Gilbert Monteiro                            … Petitioner
       Versus
The Apex Grievance Redressal Committee & Ors.      ... Respondents


                              WITH
                  WRIT PETITION NO. 4971 OF 2025

Sebastian Augustin Fernandes                       … Petitioner
        Versus
The Apex Grievance Redressal Committee & Ors.      ... Respondents


                              WITH
                  WRIT PETITION NO. 1149 OF 2026

Vibha Sarvesh Singh                                … Petitioner
        Versus
The Apex Grievance Redressal Committee & Ors.      ... Respondents


                              WITH
                  WRIT PETITION NO. 1147 OF 2026

Santana Adolf Pinto                                … Petitioner
       Versus
The Apex Grievance Redressal Committee & Ors.      ... Respondents

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                              WITH
                  WRIT PETITION NO. 4515 OF 2025

Robert Felix Dmello                                … Petitioner
        Versus
The Apex Grievance Redressal Committee & Ors.      ... Respondents


                              WITH
                  WRIT PETITION NO. 841 OF 2026

Harcharan Singh Harjit Singh Hanjara               … Petitioner
       Versus
The Apex Grievance Redressal Committee & Ors.      ... Respondents


                              WITH
                  WRIT PETITION NO. 837 OF 2026

Supriya Ravindra Yerram                            … Petitioner
        Versus
The Apex Grievance Redressal Committee & Ors.      ... Respondents


                              WITH
                  WRIT PETITION NO. 361 OF 2026

Anthony Augustin Fernandes                         … Petitioner
       Versus
The Apex Grievance Redressal Committee & Ors.      ... Respondents


                              WITH
                  WRIT PETITION NO. 1158 OF 2026

Rahim Abdul Jalil through POA Holder Atif Rahim    … Petitioner
Shaikh
       Versus
The Apex Grievance Redressal Committee & Ors.      ... Respondents

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                                                          16-wp 4550-25.doc



                                 WITH
                     WRIT PETITION NO. 1148 OF 2026

Damodar Annu Poojary                                     … Petitioner
       Versus
The Apex Grievance Redressal Committee & Ors.            ... Respondents


                                  WITH
                      WRIT PETITION NO. 910 OF 2026

Supriya Subhash More                                     … Petitioner
        Versus
The Apex Grievance Redressal Committee & Ors.            ... Respondents

                        __________________________

Mr. Chandrakant Yadav for the Petitioners.
Mr. Anoop Patil for Respondent No.1-AGRC.
Ms. Ravleen Sabharwal a/w. Ms. Aarushi Yadav for the Respondent-SRA.
Mr. Fakhruddin Khan i/b Ajaz Ahmed Ansari for Respondent No.5.
                       __________________________

                                CORAM       : M. S. KARNIK AND
                                              S. M. MODAK, JJ.
                                DATED       : 30th APRIL, 2026.

P.C. :

1.       These petitions involve common questions, hence by consent of

parties taken up for final disposal by a common order. We have heard

learned counsel for the petitioners, learned counsel for the Slum

Rehabilitation Authority and learned counsel for respondent No.5.

2.       Respondent No.5 is the complainant. Respondent No.5 says that the

petitioners are illegal occupants of the SRA flats. SRA therefore initiated


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proceedings for eviction. The case of the petitioners is that now they are in

lawful occupation of the premises since there is an Order of regularisation

in their favour. This is not denied by learned counsel for the SRA.

3.     Learned counsel for respondent No.5 invited our attention to Order

dated 6th November, 2025 passed by this Court. The Order relied is not

concerned with the present petitions and is in a different case altogether.

The Order reads thus:-

       “1.   In the light of the order dated 06 October, 2025, an action
       which was required to be taken by the SRA in pursuance thereto
       and more particularly as observed in paragraph 5 thereof, we are
       informed by Mr. Sawant, learned counsel for the petitioner that
       instead of the action of eviction, a regularization order has been
       passed in favour of the illegal occupants. This has really surprised
       us. Mr. Sawant intends to place on record an additional affidavit.
       Let the same be filed within one week from today. Copy of the
       same be served on the advocate for the SRA.
       2.    We shall hear the parties on such issues on the adjourned
       date of hearing.
       3.    In the meantime, our order dated 06 October 2025 in
       regard to the eviction of the illegal occupants in accordance with
       law as directed needs to be taken forward and complied with.
       Compliance report be placed on record of this Court on the
       adjourned date of hearing.
       4.    Stand over to 19 November 2025 (H.O.B.)”


4.     The aforesaid Order is an interim Order. In the present facts, we

find that there is already an Order of regularisation. The petitioners are in

occupation of the premises.       It is submitted that when the Order was

passed by the AGRC, the petitioners were not party to such proceedings.

Since the Order of regularisation has already been passed, the said Order

will have to be challenged by filing appropriate proceedings. In such view

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of the matter, liberty to respondent No.5 to challenge the Order of

regularisation, if he so desires is kept open.     Obviously, the Order of

regularisation is subject to any challenge raised in accordance with law.

5.     By keeping all contentions of respondent No.5 open to a challenge

the Order of regularisation, the petitions are allowed in terms of prayer

clauses (a) and (b) and disposed of.




(S. M. MODAK, J.)                                        (M. S. KARNIK, J.)




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