Bombay High Court
Shakir Ahmad Shah vs Apex Grievance Redressal Committee And ... on 8 August, 2025
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
2025:BHC-OS:13700-DB
905.WP3464-2022.DOC
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 3464 OF 2022
Shakir Ahmad Shah ... Petitioner
Vs.
Apex Grievance Redressal Committee & Ors. ... Respondents
_______
Mr. Nitesh Achary a/w. Mr. Akash S. Bhogil for the petitioner.
Dr. Milind Sathe, Senior Advocate a/w. Mr. Jagdish G. Aradwad (Reddy) for
respondent nos. 1 to 3.
Mr. Manish Upadhye, AGP for the State.
Ms. Vaishali Lambhate, Dy. Collector, Mr. D.B. Patil, E.E., Ms. Sandhya
Bawankale, A.R., Mr. Aashish Chaudhari, A.E., Mr. Amit Parshette, S.E., Mr.
Sachin Hiwalkar, L.A., Tah. Prashati Mane present.
_______
CORAM: G. S. KULKARNI &
ARIF S. DOCTOR, JJ.
DATED: 8 AUGUST, 2025
P.C.
1. This petition under Article 226 of the Constitution of India is filed praying for the following substantive reliefs:
"A) That, this Hon'ble Court exercising powers under Article 226 and 227 of Constitution of India, 1950 be pleased to issue Writ of Mandamus or any other appropriate Writ or Order in the nature of Writ directing the SRA (Respondent no. 2) and Developer (Respondent no.
5) to forthwith rehabilitate the petitioner by putting him in vacant and peaceful possession of his allotted Rehab Shop no. 4, 4 th floor, Building no. 11, Motilal Nehru Nagar, Bandra-Kurla Complex, Bandra (E), Mumbai, with further direction to the SRA to initiate Civil/Criminal action against Developer-HDIL and Office Bearers of the Society for Criminal trespass into the petitioner's rehab shop to the outsiders and to recover entire earnings made so far from the Rehab units by the Developer.
B) That this Hon'ble Court exercising powers under Article 226 and 227 of the Constitution of India, 1950 be pleased to direct the SRA to encash the Bank Guarantee of the Respondent-HDIL and to pay the arrears of Transit Rent @46,75,000/- (i.e., from the date of demolition Page 1 of 6 8 August 2025
905.WP3464-2022.DOC (22.02.2005 till 30.11.2019) as per Claim (Exhibit-H) enclosed herewith, in compliance of Order dated 19.05.2019 and its prequel Order dated 24.02.2012 passed by the Assistant Registrar (East and West Suburbs) -SRA and to continue paying the same till possession of Rehab Shop is given to the petitioner, with 18% p.a. interest on the due transit rent amount."
2. It is not in dispute that the petitioner was a slum dweller, who was held to be eligible for grant of a permanent alternate accommodation in the slum scheme in question. Being deprived of allotment of permanent alternate accommodation, the petitioner made repeated representations and applications for possession of the permanent alternate accommodation, which was already notified on 7 December 2013 (Exhibit 'D' page 50 of the petition). The petitioner was allotted commercial tenement, being Shop no. 4, 4th floor, Building no. 11 of an area admeasuring 23.97 sq.mtrs. The occupation certificate to the building in question was granted on 7 December 2013. However, for almost a period of 12 years, the petitioner is deprived of the legitimate entitlement to the said tenement. It is also not in dispute that an illegal occupant has continued to occupy the tenement. It is in these circumstances, after approaching several authorities including the Apex Grievance Redressal Committee, the petitioner has filed this petition.
3. Dr. Sathe, learned senior counsel for the SRA, on instructions, submits that there is no dispute whatsoever in regard to the petitioner's entitlement to the said tenement as notified in the list (Exhibit D). He further submits that the action is being taken against the illegal occupants of Shop no. 4, floor no. 4 in the building Page 2 of 6 8 August 2025
905.WP3464-2022.DOC in question and within a period of one month from today, the tenement would be handed over to the petitioner.
4. We accept the said statement as made by Dr. Sathe. We, accordingly, direct the authorities to take further appropriate action as mandated in law and grant possession of the said tenement to the petitioner without any further time being taken to comply the statement.
5. The next issue which remains to be considered is in regard to transit rent. Admittedly, the transit rent has not been paid to the petitioner. The same would be required to be quantified. We direct the Slum Rehabilitation Authority to quantify the transit rent which was due and payable to the petitioner. Let an application to that effect be made by the petitioner to the Chief Executive Officer and the same be considered in accordance with law. If amounts are available from any security deposit which the developer-HDIL had maintained with the SRA, the petitioner shall be paid the transit rent from such amount with reasonable interest of 6% p.a. All contentions of the parties in that regard are expressly kept open.
6. Before parting, as a Constitutional Court, we cannot shut our eyes to the gross illegalities which have taken place insofar as the slum dwellers who are entitled to permanent alternate accommodation being left suffering in the manner the petitioner has suffered. For almost 13 years he was deprived of the benefit of the commercial tenement. The loss which he has suffered by such deprivation, Page 3 of 6 8 August 2025
905.WP3464-2022.DOC cannot be imagined or quantified. However, as to why such illegality ought to perpetuate and be not addressed in a timely manner by the concerned officials of the SRA is the question. Certainly this case is an eye opener if not for the officials of the SRA, which the Chief Executive Officer would be required to consider, to be an example of how illegality perpetuates. Certainly such state of affairs cannot emerge unless there is a tacit approval to such illegality at the hands of concerned officials of the SRA, who for reasons best known to them, overlook such illegalities of unauthorized and illegal occupants enjoying SRA tenements, depriving those who are legitimately allotted these tenements under the slum scheme in question. As in the facts of the present case, for years together, genuine allottees cannot be deprived of the fruits of the allotments merely for the reason that illegal occupants, under the blessings of the concerned officials and illegalities of the developers, permit illegal occupation of such tenements entitled to others. It also cannot be that only after litigation on such issue and intervention of the Court or different authorities like GRC/AGRC, such issues are being attended. This appears to be the usual mantra. There is a gross breach of legal and constitutional rights of the citizens when they are deprived of their legitimately allotted tenements. This apart, valuable rights conferred under Slum Rehabilitation Act read with Development Control Regulation 33(10) are being openly flouted by such deprivation of the legitimate claim. Certainly such illegalities amount to violation of the rights under Article 14 read with Articles 21 and 300A of the Constitution.
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8 August 2025
905.WP3464-2022.DOC
7. We, accordingly, direct the Principal Secretary, Urban Development Department to undertake an enquiry as to who are the officers in the SRA who are responsible for not taking action on illegal occupation of SRA tenements allotted to those slum dwellers who are named in the Annexure-II to be entitled for a Permanent Alternate Accommodation and as to why such officers ought not to be proceeded for such gross illegalities/inaction, and more importantly those who are responsible for brazen violation of the fundamental and constitutional rights of the slum dwellers.
8. We also direct that an enquiry be ordered in respect of the illegalities as noticed by us against the officials who were concerned with the project in question and subject matter of the present proceedings, and an appropriate action in accordance with law be initiated against such officers if so found to be involved in the illegalities. This more particularly that such lawlessness, breach of fundamental rights and the hardship which has been faced by the citizens cannot be overlooked and is required to be redressed in the manner known to law. We would also observe that no public official is permitted to discharge his duties in a manner which would violate the fundamental and legal rights guaranteed to the citizens and/or discharging their duties in open abuse of the powers, authority and the jurisdiction vested in them which is required to be exercised in public interest. All such powers are coupled with onerous obligations, duties and responsibilities to be discharged for pubic good and in public interest. However, we find that lawful actions to be taken and adhered in such matters is the last Page 5 of 6 8 August 2025
905.WP3464-2022.DOC priority and illegality of an extent which cannot be confined to words, is what is being nurtured and perpetuated bringing a situation of no rule of law in the administration of Slum Rehabilitation Authority. If a welfare legislation is being abused in such manner, in connivance with the developers and other persons who are interested in only making money on illegality, it is better that such schemes are not vested with such officials.
9. We could not have stopped in not making the aforesaid observations, as case after case we come across such gross illegalities, in the slum rehabilitation projects, which are also echoed in several judgments rendered by this Court and including the serious observations as made by the Supreme Court in the case of Yash Developers vs. Slum Rehabilitation Authority and the proceedings of which are pending before this Court. The Principal Secretary, Urban Development Department is, therefore, required to act expeditiously so as to bring about an appropriate regime of rule of law being followed and very meticulously insofar as the slum schemes are concerned.
10. The petition stands disposed of in the aforesaid terms. No costs.
11. For compliance on such aspects, the petition is made returnable on 8 September, 2025 so that further aspects on this can be monitored by the Court.
(ARIF S. DOCTOR, J.) (G. S. KULKARNI , J.)
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Signed by: Vidya S. Amin 8 August 2025
Designation: PS To Honourable Judge
Date: 16/08/2025 18:29:38