MR. DINESH KAPIL TRIPATHI v. CHIEF EXECUTIVE OFFICER, SLUM REHABILITATION AUTHORITY AND ORS
WP/15286/2023 · 2026-03-18
Public Interest Litigationbody2023
DailyLaw.ai
[ 2023 DAILYLAW 2575 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 2575 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Ingale 9-wp-15286-23.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 15286 OF 2023
Mr. Dinesh Kapil Tripathi … Petitioner Versus Chief Executive Officer, Slum Rehabilitation Authority and ors. .… Respondents **** Mr. Sachin Hande, for the Petitioner. Mr. D.R. Kawale, for Respondents no. 2 & 3-BMC. Ms. Ravleen Sabharwal a/w Mr. Saurabh Pakale and Mr.Aatish Tayade, for the Respondent-SRA. Mr. N.C. Walimbe, Addl. GP for Respondent – State. Officer- Mr. SunilParicha, (Colony Officer) G/N Ward present. **** CORAM :
M.S.KARNIK & S.M.MODAK, JJ. DATE :
18th MARCH 2026 P.C. :
1. Heard learned counsel for the petitioner. The petitioner seeks enforcement of the communication dated 07/03/2017- Exhibit ‘A’ issued by the Slum Rehabilitation Authority (‘SRA’, for short) to the Assistant Commissioner G/N Ward, Municipal Corporation of Greater Mumbai (‘the Corporation’, for short). The SRA directed the Corporation to take action under Section 3E of the Maharashtra Slum Areas (Improvement, Clearance and 1
URMILA PRAMOD INGALE Digitally signed by URMILA PRAMOD INGALE Date: 2026.03.18 19:33:24 +0530
Ingale 9-wp-15286-23.odt Redevelopment) Act, 1971 (‘the Slum Act’). The petitioner is a Doctor by profession. The petitioner had entered into a transaction with respondent no. 6 who was the original allottee. It is the contention of the petitioner that there was a transaction with respondent no. 6 in respect of the subject premises. It is the allegation of the petitioner that respondent no. 6 and original owner / allottee one Mr. Jaiswal, has cheated the petitioner. On the complaint made by the petitioner, since the respondent no. 6 and other persons have acted illegally, the SRA issued a communication-Exhibit ‘A’ on 07/03/2017, which the petitioner seeks the implementation of. 2. We have heard learned counsel for the Corporation who brought to our notice the aforesaid facts. It is further submitted that at the instance of the petitioner, this petition should not be entertained. However, we find that the SRA has already informed the Corporation by the communication dated 07/03/2017 for initiating appropriate action under Section 3E of the Slum Act. The said communication needs to be implemented in accordance with law unless there is any legal impediment. 2
Ingale 9-wp-15286-23.odt
3. In such view of the matter, the Corporation is directed to take appropriate action in accordance with law for the implementation of the communication dated 07/03/2017 within a period of 6 months from today.
Learned counsel for the Corporation submits that, in fact, action was taken against the petitioner and some other person. We are only directing that the communication dated 07/03/2017 be taken to its logical end within a period of 6 months from today. 4. The writ petition is disposed of. (S.M.MODAK, J.) (M.S.KARNIK, J.)
3