Bombay High Court
MADHUBEN CHIMANLAL TANK AND ORSversusSLUM REHABILITATION AUTHORITY AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- M S KARNIKS M MODAK
Holding
The Court directed the respondents to decide the petitioners' representation within ten weeks, thereby granting the relief sought.
Summary
The petitioners, Madhuben Chimanlal Tank and others, filed a civil writ petition seeking a writ of mandamus directing the Slum Rehabilitation Authority (SRA) and the competent authority under the Slum Act to promptly consider, hear, and decide their complaint/representation. The petitioners argued that they were denied a reasonable opportunity of hearing and a time‑bound decision. The Court examined the petition and found the request reasonable. It ordered the respondents to decide the representation within ten weeks from the date of the order. The petition was disposed of with the direction that the respondents comply with the time‑bound order.
Issues considered
- Whether the petitioners are entitled to a writ of mandamus directing the SRA to consider and decide their complaint within a specified time.
- Whether the Court can impose a time‑bound deadline on the respondent authorities under the Slum Act.
Legislation cited
- Slum Act
Subjects
- mandamus
- writ petition
- slum rehabilitation
- administrative law
- time‑bound order
- Slum Act
Judgment
33 Wp-9370-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL WRIT PETITION NO. 9370 OF 2026
Madhuben Chimanlal Tank And
Ors. ...Petitioners
Vs.
Slum Rehabilitation Authority
and Ors. ...Respondents
*****
Mr. Bhushan Walimbe i/by Mr. Shashank P. Borade - Advocate for the
Petitioner
Adv. D. R. Kawale - for the Respondent-BMC
Adv. Ravleen Sabharwal – For Respondent-SRA
Dr. Dhruti Kapadia – AGP for Respondent-State
*****
CORAM : M. S. KARNIK AND
S. M. MODAK, JJ.
DATE : 27th JULY 2026
P. C. :-
1. The learned counsel for the Petitioners prays for limited relief in
terms of prayer clause ‘b’. Prayer clause ‘b’ reads thus :-
(b) issue a writ of Mandamus of any other appropriate
writ, order or direction directing Respondent No. 1
Authority and/or the competent authority under the
Slum Act to forthwith consider, hear and decide the
Petitioners’ complaint/ representation after granting
an effective opportunity of hearing to all concerned
Digitally
signed by
SEEMA
SEEMA KSHITIJ
KSHITIJ YELKAR
Date:
YELKAR 2026.07.27
18:21:28
+0530
Seema 1/2
33 Wp-9370-2026.doc
parties, by passing a reasoned and speaking order
within a time-bound period.
2. We have heard learned counsel for the Petitioners, Mr. Kawale,
learned counsel for BMC and Ms. Sabharwal, learned counsel for the
SRA.
3. With their assistance, we have gone through the averments made
in the memo of the petition. We have also gone through the
representation.
4. As the request made by the Petitioner is reasonable, this petition
can be disposed of by directing the Respondent to decide the
representation as mentioned in the prayer clause ‘b’ of the petition
within a period of ten weeks from the date of communication of this
order.
5. Keeping all contentions open, the present Writ Petition is
disposed of.
(S. M. MODAK, J.) (M. S. KARNIK, J.)
Seema 2/2
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