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2026 DAILYLAW 17583 (BOM)

SAGAR VIJAY KOREGAONKAR AND ORS v. CHIEF EXECUTIVE OFFICER SLUM REHABILITATION AUTHORITY AND ORS

IA/7811/2026 · 2026-10-06

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Judgment text

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5-IA7811--26-WP7443-23.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7811OF 2026 IN WRIT PETITION NO.7443 OF 2023 Sagar Vijay Koregaonkar & Ors. ...Applicants/Petitioners Versus Chief Executive Officer, Slum Rehabilitation Authority and Ors. ...Respondents _______ Mr. Amogh Singh with Mr. Ashwin Tripathi, for Applicants/Petitioners Ms. Geeta R. Shastri, for Respondent Nos.1 to 3 -SRA. Mr. Shakeeb Shaikh with Noorain Patel & Mr. Vinay Dali i/b. Diamondwala & Co., for Respondent No.4. Ms. Devyani S. Deshmukh, AGP for the State. Mr. Satosh Parad, for BMC. _________ CORAM: G. S. KULKARNI & Dr.NEELA GOKHALE, JJ. DATE: 06 October 2026. P.C. 1. The original petitioners in Writ Petition No.7443 of 2023 have filed this Interim Application praying for the following substantive reliefs: “a. This Hon’ble Court be pleased to recall and/or suitably modify the Order dated 28.01.2026 passed in Writ Petition No.7443 of 2023 and restore the said Writ Petition to its original file and number. b. This Hon’ble Court be pleased to permit the Applicant/Petitioners to continue and prosecute Writ Petition No.7443 of 2023, including the challenge to the re-verified Supplementary Annexure-II dated 12.06.2024 and the consequential determination of their ineligibility, and the reliefs concerning rehabilitation, Permanent Alternate Accommodation and transit rent; c. This Hon’ble High Court be pleased to issue writ of mandamus or any other appropriate writ under Article 226 of the Constitution of India thereby directing the Respondents to handover the possession Permanent Alternate Accommodation in rehab building to the Petitioners.” 6 October 2026 P.V.Rane PRASHANT VILAS RANE Digitally signed by PRASHANT VILAS RANE Date: 2026.10.12 18:09:51 +0530 5-IA7811--26-WP7443-23.DOC 2. We find that there is no dispute that, although the applicants / petitioners have approached the Special Cell, no orders have been passed. It is the contention of the applicants that the issues which they intend to raise, and which according to them form the subject matter of the writ petition, have not been dealt with on merits which are asserted by them. It is for this reason that the present Interim Application has been filed. 3. Having perused the orders passed by the co-ordinate Bench of this Court dated 28 January 2026, of which one of us (G. S. Kulkarni, J.) was a member, in Writ Petition No. 7443 of 2023, in our opinion, it is clear that the merits of the petitioner were not the subject matter of adjudication in the said orders. What was observed in the said order was to the effect that the SRA has issued appropriate Circulars setting up Special Cells, hence the issues as asserted by the parties, which are relevant to the scope of consideration of these Special Cells, be considered by the different Special Cells constituted for such purpose. The said contention was accepted and the petition was disposed of permitting the petitioner to approach Special Cells. 4. On such backdrop, the petitioners state that they are not covered by such Circulars and that independent issues are canvassed by the petitioners, which are required to be adjudicated in the writ petition. In that case, certainly, the order dated 28 January 2026 passed by this Court would not preclude the petitioners from asserting their contentions in the manner permissible in law. 5. With this clarification, we dispose of this Interim Application, keeping 6 October 2026 P.V.Rane 5-IA7811--26-WP7443-23.DOC open all contentions of the parties, including the contention of the parties to seek an appropriate remedy as may be available in law, and, in that event, the order dated 28 January 2026 passed by this Court would not come in the way of the applicants. 6. Interim Application is disposed of in the aforesaid terms. No costs. (Dr.NEELA GOKHALE, J.) (G. S. KULKARNI, J.) 6 October 2026 P.V.Rane