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2018 DAILYLAW 3165 (BOM)

ANSHU RAMESHCHANDRA DHURIA v. SLUM REHABILITATION AUTH.( CO-OP SOC.) AND ORS

WP/12271/2018 · 2026-02-02

Shri Amit Borkar

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

4-WP-12271-18+.doc Sayali IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12271 OF 2018 Anshu Rameshchandra Dhuriya … Petitioner V/s. Slum Rehabilitation Authority (Co- operative Society) and Others … Respondents Mr Rakesh Kumar R. Tiwari, for Petitioner. Mr. Vijay D. Patil, with Ms. Ruchi V. Patil, for Respondent No. 1. Ms. Kavita N. Solunke, Additional GP with Mrs. V. S. Nimbalkar, AGP for State. CORAM : AMIT BORKAR, J. DATED : FEBRUARY 02, 2026 P.C.: 1. The petitioner, claiming to be the owner of a structure over the land which is declared as a slum, is challenging the order passed by the Registrar and the Appellate Authority dismissing the petitioner’s challenge to the registration of the society. 2. According to the petitioner, his father acquired ownership of the chawl, and therefore, at the instance of a tenant in the chawl, the society cannot be registered. It is not in dispute that the petitioner is not claiming ownership in relation to the land. The petitioner’s claim is restricted to the building/buildings on the slum. If this be so, the registration of the society does not affect the rights of the petitioner, as whether the structures on the land are lawful, and whether based on such structures, either the 1 SAYALI DEEPAK UPASANI Digitally signed by SAYALI DEEPAK UPASANI Date: 2026.02.02 17:27:28 +0530 4-WP-12271-18+.doc society or the petitioner can claim their substantive rights is an issue which is beyond the scope of registration under Section 9 of the MCS Act. 3. Hence, the authorities under the Act have rightly dismissed the challenge to the order of registration at the instance of the petitioner. There is no merit in the Petition. Hence, the Petition is dismissed. (AMIT BORKAR, J.) 2