YASH DEVELOPERS Vs. HARIHAR KRUPA CO-OPERATIVE HOUSING SOCIETY LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) The present controversy is a manifestation of common battles between competing real estate developers under the pretext of rehabilitating slum dwellers under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 [Hereinafter, referred to as the "Act"]. In the year 2003, the appellant was appointed as a developer by respondent no. 1, a co-operative Housing Society of slum dwellers having their hutments on the subject land in Borivali, Mumbai which was declared as a 'slum area' under the Act. As the development was unduly prolonged for over two decades, the development agreement in favour of the appellant was terminated by the Apex Grievance Redressal Committee [For short, the 'AGRC'] by its order dtd. 4/8/2021. The order of termination was challenged by the appellant before the Bombay High Court [Writ Petition (L) No. 18022 of 2021].

(3.) The Bombay High Court formulated the following issues: