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Then, there is an additional affidavit of the petitioners filed on 24th March, 2015. In this, what the petitioners seek to place on record is the information in respect of an order passed under section 156(3) of the Code of Criminal Procedure, directing the police to investigate the matter as against accused, namely, Shantidevi Nevatia and officers of the SRA. This complaint has been filed by the Chief Promoter of respondent No.6 - Sadashiv Damodar Nenekar and the copy of the same is Annexure-A. It is on that complaint that the Metropolitan Magistrate, 67th Court, Borivali, Mumbai, passed an order dated 15 th November, 2014, directing the police to investigate the matter. The petitioners also rely upon some further documents and information collected under the Right to Information Act, 2005. Thus, the allegations of fraud and forgery are sought to be elaborated. Finally, reliance is placed on the FIR MECR 3/15 dated 19 th February, 2015, registered by the Dindoshi Police Station against Smt. Shantidevi Nevatia, Ramji Shah, Vishwas Sitodia (Architect), Nirmal Kumar WP1667.13.doc Deshmukh (present C.E.O., SRA), S.S. Zhende, the then C.E.O., SRA, Bhalchandra Thakre Secretary, SRA and V.V. Pawar, Deputy Chief Executive, SRA. It is in this backdrop that once again it is submitted that the writ petition be allowed.

50. On 21st July, 2001, Annexure-I at page 145 of the paper-

book, the Assistant Commissioner, P/North Ward replied with reference to the LOI of the proposed slum rehabilitation scheme on the subject property that at the joint meeting held on 6 th July, 2001, the issue was further discussed and it was observed that important aspect of consent of hutment dwellers situated on the plot is a primary condition for issuance of NOC / Annexure-II and which M/s. Nevatia Developers did not fulfill. It was also reported that till the letter dated 15th July, 2001, the office of the Assistant Commissioner was in dark about M/s. Nevatia Developers' proposal for development. No communication was received on this proposal either from SRA or from M/s. Nevatia Developers till now. Without consent of the seventy per cent members of the hutment dwellers, a scheme cannot be issued with NOC or Annexure-II.

54. It is in these circumstances that we are unable to accept the arguments of Dr. Sathe and Mr. Dhakephalkar that the Corporation has acquiesced or has granted a consent for WP1667.13.doc development on its own land on the basis of the approvals and permissions obtained by M/s. Nevatia Developers.

55. In fact, on 23rd March, 2010, the SRA issued notice to Smt. C.D. Nevatia and others which conveys a clear intent to invoke section13(2) of the Slum Act. On 15th April, 2011, the developers were informed by the SRA that their proposal or scheme of rehabilitation on both plots shall not be processed further and only stands recorded. ig Then, on 19 th July, 2011, the SRA addressed a letter to the Assistant Municipal Commissioner P/North Ward forwarding along with the same, the relevant documents, including a proposal received for sanction and approving a SRA scheme on the plot. The Assistant Municipal Commissioner was requested to send a list of the existing of the structures, including religious structures, schools etc. and whether any one of them can be said to be eligible reckoning the cut off date as 1st January, 1995. This letter was immediately replied on 14th September, 2011 in which the Municipal Corporation informed that the subject plot has a reservation of Municipal primary school and playground. It was also informed that a proposal from M/s. Om Vishwashanti Cooperative Housing WP1667.13.doc Society (Proposed) requesting approval to the Annexure-II has been received on 27th July, 2011. It was emphasized that with regard to this plot, on three occasions earlier, Annexure-II was prepared and approved by the Assistant Municipal Commissioner, P/North Ward. On one occasion, another Annexure-II was prepared by the Additional Collector (Encroachment/Removal) in the name of the builder and developer M/s. C.D. Nevatia Developers. However, the proposal of the developer has been rejected and we are of the opinion that from this communication of the Corporation, copy of which is at page 166 Annexure-Q, it was not the intent of the Corporation at any time to approves the other schemes in relation to Municipal plot. Rather, the Municipal Corporation decided that its land admeasuring 4501.3 square meters should not be given to the hutment dwellers for SRA scheme. The list of eligible slum dwellers on this land should be prepared and they should be transferred/relocated to Municipal Corporation Project Affected Persons Building. After the land is cleared and a compound wall is erected across it, the Education Officer should take over the same for proposed reservation. It is these proposals which have been approved.

"7th October 2011 FROM:
SHANTIDEVI NEVATIA & ORS.
Navetia House, Kishanlal Nevatia Road, Malad (East), Mumbai - 400 097.
To, The Ward Officer, P/North Ward Respected Sir, Ref: Proposed SR Scheme on plot bearing CTS No. 558A-1 558A-2 and 558B of Village Malad, Taluka Borivali of Nevatia Compound, Kishanlal Nevatia Road, Malad (East), Mumbai.