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2026 DAILYLAW 17823 (BOM)

JAYPRAKASH BEDISAV GUPTA v. THE STATE OF MAHARASHTRA, THRU PRINCIPAL SECRETARY HOUSING DEPT.

WP/4658/2026 · 2026-10-07

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Judgment text

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912 WP 4658 OF 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.4658 OF 2026 Jayprakash Bedisav Gupta ... Petitioner versus The State of Maharashtra and Ors. … Respondents WITH INTERIM APPLICATION (L) NO.32355 OF 2026 WITH WRIT PETITION NO.4664 OF 2026 Dinesh Umashankar Thakur … Petitioner versus The State of Maharashtra and Ors. … Respondents WITH INTERIM APPLICATION (L) NO.32369 OF 2026 WITH WRIT PETITION NO.4583 OF 2026 Santosh Ramsahay Gupta … Petitioner versus The State of Maharashtra and Ors. … Respondents WITH INTERIM APPLICATION NO.5740 OF 2026 WITH WRIT PETITION NO.4608 OF 2026 Dhiraj Madan Jain, attorney holder of Kamla Madanlal Singhvi … Petitioner versus The State of Maharashtra and Ors. … Respondents Mr. Sagar Ghogare with Mr. Sarvesh Gawade i/by Mr.Sandip Ghogare, for Petitioners in all the petitions and applicants. Mr. Vishal Thadani, Addl. Govt. Pleader with Ms. Fatima Lakadawala, AGP for State in WP No.4658 of 2026 and IAL 32355 of 2026. Ms. Lavina Kripalani, Agp for State in wP No.4664 of 2026 and IAL 32369 of 2026. Ms. Nazia Sheikh, AGP for State in WOP No.4583 of 2026 and IA No.5740 of 2026. SSP 1/4 SWAROOP SHARAD PHADKE Digitally signed by SWAROOP SHARAD PHADKE Date: 2026.10.07 20:49:11 +0530 912 WP 4658 OF 2026.doc Ms. Vrushali Kabre, AGP for State in WP no.4608 of 2026 and IAL 32261 of 2026. Mr. Ranjeev Carvalho with Mr. Umang Mehta, Mr. Rishab Murali i/by Aryaan Legal, for Respondent No.6 in all matters. Ms. Tanaya Goswami, for SRA/AGRC. CORAM: N.J.JAMADAR, J. DATE : 7 OCTOBER 2026 P.C. 1. Heard the learned Counsel for the parties. 2. The challenge in these petitions is to an order dated 5 October 2026 passed by the Apex Grievance Redressal Committee – 2 in Appeal No.326 of 2026, whereby the appeal preferred by the Petitioners against the order dated 27 August 2026 passed by the Deputy Collector (Special Cell) – SRA – Respondent No.3, under Sections 33and 38 of the Maharashtra Slums Areas (Improvement, Clearance and Redevelopment) Act, 1971, came to be dismissed. 3. Kamla Madanlal Singhvi – Petitioner in WP No.4608 of 2026, is declared eligible for the benefits under Apna Nagar Adarsh SRA Co-op. Hsg. Soc. (the subject SR Scheme). The Petitioners in rest of the petitions have preferred appeals before the Competent Authority, assailing the orders declaring them ineligible. In the impugned order, AGRC has recorded that the eligibility is an ongoing process and as and when the Petitioners, who are yet not declared eligible, are certified to be eligible to avail the benefits under the SSP 2/4 912 WP 4658 OF 2026.doc subject SR scheme, they will be entitled to rent as well as permanent alternate accommodation. 4. The Court is informed that the subject SR Scheme has substantially progressed. Out of 317 slum dwellers, 291 have already vacated their respective structures. Rent in respect of all the eligible slum dwellers has been deposited by the Developer as per Circular No.210 issued by the SRA. 5. In these circumstances, this Court does not find any justifiable reason to entertain the Petitions, especially when substantial number of slum dwellers have already vacated their respective structures. Any delay in implementation of the subject SR Scheme will be to the detriment of those slum dwellers who have already vacated their respective structures. 6. Mr. Ghogare, learned Counsel for the Petitioners, submitted that, the interest of the Petitioners be adequately protected. One of the grievances of the eligible slum dweller was that adequate disclosures have not been made. In regard to the Petitioners whose eligibility has not been certified, Mr. Ghogare submitted that, in the event their eligibility is certified, they be provided the benefit under the subject SR Scheme. 7. As noted above, AGRC has already made observations which adequately protect the interest of the slum dwellers. Yet to rule out the possibility of prejudice, it is clarified that, in the event the Petitioners eligibility is certified, the Petitioners shall be given the same dispensation as has been SSP 3/4 912 WP 4658 OF 2026.doc extended to the eligible slum dwellers in the matter of transit rent and permanent alternate accommodation. 8. So far as the Petitioner – Kamla Madanlal Singhvi is concerned, the SRA is directed to make appropriate disclosures. 9. The Petitioners in WP Nos.4583 of 2026 and 4608 of 2026 are granted time till 11 October 2026 to vacate the structures in their occupation. 10. If these petitioners do not vacate their structures by 11 October 2026, the authorities shall be at liberty to take requisite steps to demolish those structures. 11. Subject to the aforesaid clarifications, the Writ Petitions stand disposed. 12. Interim Applications also stand disposed. ( N.J.JAMADAR, J. ) SSP 4/4