Case Note & Summary
The judgment pertains to two writ petitions filed by M/s. Sateri Builders and Developers LLP (the Developer) and Shree Gurukrupa (SRA) Co-operative Housing Society & Anr. challenging an order dated 28.07.2022 passed by the Apex Grievance Redressal Committee (AGRC). The AGRC allowed Application No.169 of 2021 filed by Respondent Nos.5 to 9, who were slum dwellers, directing the Slum Rehabilitation Authority (SRA) to decide their eligibility for rehabilitation in a slum rehabilitation scheme. The Developer had been appointed as the developer for the scheme, and the dispute arose over the eligibility of certain slum dwellers. The SRA had earlier issued an order dated 25.02.2021, which was challenged before the AGRC. The AGRC set aside the SRA's order and remanded the matter for fresh consideration, specifically directing the SRA to consider the cut-off date for eligibility. The Developer and the Society challenged this order on the ground that the AGRC exceeded its jurisdiction. The High Court examined the provisions of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, particularly Section 33 which confers appellate powers on the AGRC. The court held that the AGRC has the jurisdiction to entertain grievances and pass appropriate orders, including directions to the SRA to decide eligibility afresh. The court found that the AGRC's order was within its powers and did not suffer from any legal infirmity. Consequently, both writ petitions were dismissed, upholding the AGRC's order.
Headnote
A) Slum Rehabilitation - Jurisdiction of AGRC - Appellate Power - Section 33 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 - The AGRC has the jurisdiction to entertain grievances against decisions of the SRA regarding eligibility of slum dwellers for rehabilitation. The AGRC's order directing the SRA to decide the eligibility of Respondent Nos.5 to 9 based on the cut-off date is within its appellate powers and does not amount to usurping the SRA's function. (Paras 1-10) B) Slum Rehabilitation - Cut-off Date - Eligibility - The cut-off date for determining eligibility for rehabilitation in slum rehabilitation schemes is a crucial factor. The AGRC's direction to the SRA to consider the cut-off date and decide the eligibility of the applicants is valid and does not violate any statutory provisions. (Paras 11-20) C) Writ Petition - Maintainability - Alternative Remedy - The High Court held that the writ petition challenging the AGRC's order is maintainable as the AGRC is a quasi-judicial body and its order is subject to judicial review. However, the court found no merit in the petition and dismissed it. (Paras 21-30)
Issue of Consideration
Whether the Apex Grievance Redressal Committee (AGRC) has the jurisdiction to entertain an application challenging the eligibility of slum dwellers for rehabilitation and to direct the Slum Rehabilitation Authority (SRA) to decide the issue afresh, and whether such direction is valid in law.
Final Decision
Both writ petitions are dismissed. The order of the AGRC dated 28.07.2022 is upheld. No order as to costs.
Law Points
- Jurisdiction of AGRC
- Scope of appellate power
- Cut-off date for eligibility
- Slum Rehabilitation Scheme
- Principles of natural justice
