DEENA PRAMOD BALDOTA vs CHIEF EXECUTIVE OFFICER (C.E.O)

Judgment text excerpt

Ashwini 37-OSWP-1014-2025-J.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1014 OF 2025 Deena Pramod Baldota ] Indian Inhabitant, aged 68 years ] Residing at 192, Pushpa Kunj, ] rd 3 Floor, Station Road, Wadala ] (West), Mumbai – 400 031 through her ] Power of Attorney Holder Mr. Pramod ] Ratanchand Baldota. ] …Petitioner Versus Chief Executive Officer (C.E.O.) ] Slum Rehabilitation Authority, ] 5th Floor, Griha Nirman Bhavan, ] Bandra (East), Mumbai – 400 051. ] …Respondent Mr. Arun Panicker for the Petitioner. Mr. Nishigandh Patil for the Respondent. CORAM : KAMAL KHATA, J. Digitally signed by RESERVED ON : 30th June, 2025. ASHWINI ASHWINI H H GAJAKOSH PRONOUNCED ON : 22nd July, 2025. GAJAKOSH Date: 2025.07.22 16:08:40 +0530 JUDGMENT: 1) By this Petition under Article 226 of the Constitution of India, the Petitioner seeks to quash and set aside the impugned Order dated 10th July, 2024 and consequently prays for restoration of the Appeal filed by the Petitioner on the file of the Maharashtra Slum Areas Tribunal and Special Tribunal, Mumbai, for adjudication on merits and in accordance with law. 2) The only issue that arises for consideration is whether the thirty-day limitation period for filing an appeal under Section 17(6) of the Maharashtra Slum Areas (Improvement, Clearance and 1/7 Ashwini 37-OSWP-1014-2025-J.doc Redevelopment) Act, 1971 (“Slum Act”) is to be computed from the date of the notice dated 10th February 2023 or from the date of the Order dated 8th August 2023. 3) The impugned Order dated 8th August 2023, in paragraph 4, refers to the notice dated 10 th February 2023 while interpreting Section 17(6) of the Slums Act. The said notice was issued to the landowner, for the purpose of calling for objections