Section 13(2) of Slum Act – Termination of Developer after 31 years
The petitioner was appointed as Developer and on 11.4.1994, the Development Agreement was executed.
On 30.7.2002, SRA issued the Letter of Intent in favour of the Petitioner. However, there was no clarity on SRS implementation on the land reserved for recreational ground. Revised LoI on 27.12.2010 for increased entitlement of 269 sq.mt. tenements.
On 4.10.2015, the Society passed resolution for SRS under DCR 33(5) and filed application before the CEO / SRA. This was rejected holding that SRS could be implemented only under DCR 33(10). The challenge of the Society before the AGRC was rejected by the order dated 25.10.2019.
On 14.6.2021, the show cause notice to terminate the appointment of the petitioner Developer. This was dropped by the order dated 6.8.2021 on the ground that the petitioner was not responsible for the delay but directed to take expeditious completion of the project.
However, AGRC allowed the appeal of the Society vide order dated 8.1.2024. and directed to implement SRS through new developer.
HELD that even after appointment of the Petitioner as Developer in 1994 and 31 years, the slum continues on the plot.
Moreover, the discovery of the forgery in the commencement certificate on account of the petitioner’s own admission given on 16.8.2021 assumes importance while permitting the petitioner to continue with the project after the order dated 6.8.2021.
The involvement of a third party in the implementation of the project in violation of the directions dated 6.8.2021 cannot be ignored while considering the termination of the Developer.
Third and most vital aspect was that after passing the order dated 6.8.2021 of CEO, SRA, the petitioner did not complete even a single step suggested in the Bar Chart. In fact, by the time the impugned order dated 8.1.2024 was passed, the period of two years and five months had lapsed and the petitioner did not take any steps for SRS. Even the petitioner had not bothered to secure even revised LoI under DCPR, 2034. There are no pleadings about the steps taken by the petitioner for SRS after the order dated 6.8.2021.
Judgment dated 27.3.2025 of the High Court of Bombay in Writ Petition No.8931 of 2024 of M/s. Sushanku Builders Ltd. Vs. Apex Grievance Redressal Committee, Bandra, Mumbai and others with connected matters
