444 SLUM REHABILITATION AUTHORITY, BRIHANMUMBAI BEFORE THE CHIEF EXECUTIVE OFFICER, SLUM REHABILITATION AUTHORITY, BRIHANMUMBAI No. SRA/ENG/1368/PN/MHL/LOL Slum Rehabilitation Authority +» Applicant Vis 1. M/s. Dharmesh Construction Pvt. Ltd, Solitaire Corporate Park, Building No.10, 5" Floor, Guru Hargovindji Road, Chakala, Andheri (East), Mumbai — 400 093 2. Shri. Mukesh Bahadur of M/s. Consultants Cotfhbifed B-101, Monek Kunj, (Megh Wadi) [ee Dr. SS. Rao Raod, Lal Baug Parel, Mumbai ~ 400 012 3. Shri Krishna Nagar SRA CHS Ltd, CTS No.827D/1, Village Malad at Film City Road, Goregaon (East), Mumbai — 400 063 Respondents ORDER UNDER SECTION 13(2) OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT, CLEARANCE & REDEVELOPMENT) Act, 1971 Passed on- 4 9 449) 2025 |. This Suo-Moto proceeding is initiated in Fespect of Slum Rehabilitation Scheme on plot of land CTS No.827D/1 of Village Malad, Film City Road, Goregeon (East), Mumbai for Shri Krishna Nagar SRA CHS Lid, pursuant to the note of Assistant Registrar (Western SuburbySRA dated 11.10.2024 on account of non-payment of transit rent and inordinate delay on the part of Respondent No.1. Hereinafter the abovesaid Slum Rehabilitation Scheme is Administrative Building, Prof. Anant ‘Tel: 022-2656 $800, 6912 5800 « Fa:referred to and called as “subject SR Scheme”. In brief the facts which lead to Present proceedings are as under: BRIEF FACTS 2 _ The factsheet reveals that the slum dwellers residing on plot of land bearing CTS No.827D/1 of Village Malad, Film City Road, Goregaon (East), Mumbai have formed Shri Krishna Nagar SRA CHS and resolved to redevelop the ‘said land by implementing the Slum Rehabilitation Scheme, The Respondent No.3 Society appointed Respondent No.1 as Developer for implementation of subject SR Scheme. Pursuant to appointment, the Respondent No.1 submitted proposal of subject SR Scheme to Slum Rehabilitation Authority on land admeasuring 16005,40 sq, mtrs. The ownership of said land is of MHADA, 3. The proposal of subject SR Scheme is duly accepted on 12.04,2006, The Competent Authority has issued certified Annexure-II on 05.08.2006 for ‘otal 717 slum dwellers, out of which 491 slum dwellers are held as eligible. Letter of Intent was issued on 13.05.2009 and the same is revised on 10.02.2020. Intimation of Approval for Rchab Building No.1 was issued on 24.05.2010 and the same is lastly amended on 15.05.2015. Full Commencement Certificate to Rehab Building No.1 was issued on 20.05.2015. Full Occupation Certificate to Rehab Building No.1 was issued on 09.11.2021 Intimation of Approval to Rehab Building No.2 was issued on 08.11.2012. Full Commencement Certificate to Rehab Building No.2 Wing A and B was issued on 20.05.2015. Part Occupation Certificate to Rehab Building No.2 was issued on 31.07.2017. The factsheet further reveals that the Stop Work Notices to Sale Building is issued on various dates for nonpayment of transit rent 4. The note of Assistant Registrar (Eastern Suburb)/SRA dated 11.10.2024 reveals that various complaints were received from the Respondent No.3 Society for non-payment of transit rent. Pursuant to the said complaints hearing was held before the Assistant Registrar (Western Suburb)/SRA Inspite of direetions given by the Assistant Registrar to Respondent No.1 File No. tle sramaeea oxo! oa 2Developer to pay the artears of transit rent and submit self-declaration within '5 days, the Respondent No.1 Developer failed to comply the said directions Therefore, a note dated 11.10.2024 was proposed before the Hon'ble Chiet Executive Officer/SRA for initiating action ws 13(2) of the Maharashtra Slum ‘Area (I, C & R) Act, 1971 against Respondent No.1, HEARING i 5 The matter is heard on 24.10.2024 and 07.11.2024, On 07.11.2004 Shri Bhavesh Thakker remain present for Respondent No,1 Developer. Office Bearers of Respondent No.3 Society present, Parties were heard and the matter ‘was closed for order, Directions were given to parties to submit their written submission on record within eight days, ARGUMENT OF RESPONDENT Ni 6. _ It is the version of Respondent No.1 that as per Annexure-II there are ‘otal 717 number of slum dwellers, out of which $13 slum dwellers are cligible, The Respondent No.1 have given possession of 215 Tenements in Rehab Building No.1 with Occupation Certificate and 216 ‘Tenements in Rehab Building No.2 alongwith allotment letter. Possession is also given to School (Ground + 3 Floors) It is further version of Respondent No.1 that 580 structures ate demolished and only possession of 137 members is pending, 7. According to Respondent No.1 due to Covid-19 Pendamic and other 'ssues the work got delayed. They agreed to pay the rent of 137 slum dwellers within six months. It is further version of Respondent No.1 that they have done Joint Ventures with Lodha Developers and Lodha Developers has started 8iving rent from December, 2023 and rent of 90 stum dwellers are paid whose possession is already given. On these grounds the Respondent No.1 prayed to drop the present proceedings initiated w/s 13(2) of the Slum Act CASE OF RESPONDENT NO.3 8 There are copies of leters dated 15.02.2024, 16.04.0024 & 18 07.2024 on record, In said letters the Respondent No.3 alleged that the Respondent tay ! File No. No. SRA/ENG/1368/PN/MHL/LOL { ork ceoNo.1 is in arrears of Transit Rent of el le slum dwellers since last 4 to 5 years. ISSUES AND DISCUSSION 9. From faets on record, the main issues arises for determination of this Authority in the present matter are: Whether there is non- Respondent No.1? Whether the delay in implementation of subject SR. Yes Scheme is attributable to Respondent No, 1? performance on the part of] Yes What order? As per final order 10. The Fact Sheet of Engineering Department reveals that, the proposal of Subject SR Scheme is accepted by this Authority in the year 2006, The Competent Authority issued certified Annexure-II on 05.08.2006 for total 717 slum dwellers, out of which 491 were declared cligible. The Full Occupation Certificate to Rehab Building No.1 was issued on 09.11.2021. The Part Occupation Certificate to Rehab Building No.2 was issued on 31.07.2017. There is'Stop Work Notices also issued to sale component due to non-payment of Transit Rent, Il. From note of Assistant Registrar (W.S.V/SRA. dated 11,102024 it appears that Respondent No.1 was directed to pay the pending rent to slum dwellers and to submit self-declaration to that effect within 15 days, but Respondent No.1 failed to comply with said direction, Even the Certified Auditor & Authorised Officer is appointed to determine the arrears of transit rent. The note of Assistant Registrar further reveals that the Respondent No.1 is in arrears of transit rent for 4 to 5 years. 12, According to Respondent No.1, as per Annexure-II there are total 717 number of slum dwellers, out of which 513 slum dwellers are eligible, They have given possession of 215 Tenements in Rehab Building No.1 with Occupation Certificate and 216 Tenements in Rehab Building No.2 alongwith : File No, No. maneuanania ioe ceallotment letter. Possession is also given to School (Ground + 3 Floors). It is further version of Respondent No.1 that $80 structures are demolished and only possession of 137 members is pending, Due to Covid-19 Pendamic and other issues the work got delayed. They agreed to pay the Transit Rent of 137 Slum dwellers within six months. They have already done Joint Ventures with Lodha Developers and Lodha Developers has started giving rent from Pecember, 2023 and rent of 90 slum dwellers are paid whose possession is already given. Considering the fact of non-payment of transit rent this Authority is of opinion that the Respondent No.1 is not financial capable. 13. The inordinate delay and non-performance on the part of Respondent No.1 is evident from following events; i) The proposal is accepted in the year 2006 i) After 3 years they obtained LOI in May 2009 Gill) IOA obtained in May 2010 Gv) Plinth CC to Rehab Building No.1 obtained in April 2011 ) Full CC to Rehab Building No.1 obtained in May 2015 (v1) Part OC to Rehab Building No.2 obtained in July 2017 (vil) Full OC to Rehab Building No.1 obtained in November 2021 (ili) Till date Full OC is not obtained to Rehab Building No.2 14 In present case the development has started in the year 2006, As per own version of Respondent No.1 they have given possession of 215 Tenements in Rehab Building No.1 with Occupation Certificate and 216 Tenements in Rehab Building No.2 without Occupation Certificate and only Possession of 137 members is pending. It is needless to state that if the Respondent No.1 is allowed to implement the scheme with such snail speed then it will take around next 20 years, which cannot be allowed under any Sreumstances. This Authority being @ Planning and Project Management Authority is duty bound to see that the rehabilitation is completed within reasonable period. dr, cers SRA File No, No, SRA/ENG/1368/PN/MHL/LOt1S. Tt is needless to state that after demolition of structures of slum dwellers, the Respondent No.1 is expected to pay the transit rent to slum dwellers regularly as per Circular No,153 of Slum Rehabilitation Authority. But Respondent No.1 has not acted as per said circular, This Authority being a Planning and Project Management Authority is under legal obligation to see that the scheme is completed within reasonable time, In the event of nonperformance and inordinate delay, this Authority is bound to tke necessary action. The observation of Hon’ble High Court in Appeal from Order No.1019 of 2010, Ravi Ashish Land Developers Ltd. Vis Prakash Pandurang Kamble and Anr. are relevant, The relevant observation of Hon'ble High Court are as under; “One fails to understand as to how persons and parties like Respondent No.1 are tanguishing and continuing in the transit accommodations for nearly ‘000 decades. When the slum rehabilitation projects which are undertaken by ihe statutory authority enjoving enormous statutory powers are incomplete even after twenty years of their commencement, then it speaks volume of the competence of this Authority and the officials manning the same. In all such matters, they must ensure timely completion of the projects by appropriate intervention and intermittently. They may not, after issuance of letter of intent or renewals thereof, fold their hands and wait for developers to complete the project They are not helpless in either removing the slum dwellers or the developers, The speed with which they remove the slum dwellers from the site, it is expected from them and they must proceed against errant builders and developers and ensure their removal and replacement by other competent agency.” 16. On careful consideration of facts and circumstances on record, the delay that has occurred in subject SR Scheme cannot be justified by any stretch of imagination and Respondent No. 1 is liable to be terminated 17. Accordingly following order is passed. he, ea File No. No. SRA/ENG3¢ (L/LOL coeurORDER 1. The Respondent No.1 i.e. M/s. Dhatmesh Construction Pvt. Ltd is hereby terminated as developer in respect of ‘subject SR Scheme ie. SR Scheme on plot of land CTS No.827D/1 of Village Malad, Film City Road, Goregaon (East), Mumbai for Shri Krishna Nagar CHS Ltd, i 2, The Respondent No.1 is liberty to appoint new Developer of their choice as per rules, regulations and policy of Slum Rehabilitation Author ity. 3. The Executive Enginecr/SRA to appoint Government Valuer to determine the actual expenses incurred by Respondent No.1 in subject SR Scheme till date, P 4. The newly appointed Developer to reimburse the actual expenses so determined by Government approved Valuer to Respondent No.1 5. The newly appointed Developer to comply with the provisions of circular no.210 of Slum Rehabilitation Authority, Place: - Mumbai Date: Nhe 18 MAR 2025 (Dr, siete fp Chief Executive Offiker/SRA Brihanmumbai No. SRA/CEO Order/Shri Krishna Nagar CHS Ltd/2.542024 Date: 4g MAR 2025 Copy to: 1. M/s, Dharmesh Construction Pvt. Ltd. Solitaire Corporate Park, Building No. 10, 5 Floor, Guru Hargovindji Road, Chakala, Andheri East), Mumbai — 400 093 2. Shri. Mukesh Bahadur of M/s, Consultants Combined B-101, Monek Kunj, (Megh Wadi) Dr. 8.8. Rao Raod, Lal Baug Parel, Mumbai ~ 400 012 3. Shri Krishna Nagar SRA CHS Ltd CTS No.827D/1, Village Malad at Film City Road, Goregaon (Bast), Mumbai —400 063 File No. No, SRA/ENG/I368/PN/MHL/LOIDy. Chief Engineer/SRA, Brihanmumbai Executive Engineer (P/N Ward)/SRA, Brihanmumbai ‘Tahdsildar-3/SRA, Brihanmumbai Deputy Collector (Special Cell/SRA, Brihanmumbai Financial Controller/SRA, Brihanmumbai . Assistant Registrar (Wester Suburbs/SRA, Brihanmumbai 10, DDLRYSRA, Brihanmumbai 11, DDTP/SRA, Brihanmumbai \L12-information Technology Officer/SRA, Brihanmumbai 13. Chief Legal Consultant/SRA, Brihanmumbai Saas ° File No. No. SRA/ENG/1368/PN/MHL/LOI