444 SLUM REHABILITATION AUTHORITY, BRIHANMUMBAL BEFORE THE DEPUTY CHIEF ENGINEER, SLUM REHABILITATION AUTHORITY, BANDRA (EAST), MUMBAI, BRIHANMUMBAL 1, Mr. Alamgir Ali Mohammed Malkani, 105, Sunshine Apartment, Malkani Estate, Bandongari, Malad (East), Mumbai — 400 097 2. (a) Mr. Ismail Haroon Malkani, (b) Mr. Abdul Rahim H. Malkani, (c) Mr. Hasan H. Malkani, (d) Mrs. Rashida I. Aadwani, (e) Mrs. Ayesh H. Malkani, (0 Ms. Shamim H. Malkani, G-9, Sahyadri Apartment, Malkani Estate, Bandongari, Malad (East), Mumbai — 400 097 .. Applicants Vis 1. M/s. Sai Enterprises, 64, Janmabhoomi Marg, 3" Floor, Fort, Mumbai Mis. 'T.N. Hasan, Architect, 14/B, Bindya Society, 51, Hilla Road, Bandra (West), Mumbai ~ 400 050 3. Mls, Sethia Infrastructure Pvt. Ltd. 701, Center Plaza, Shivaji Chowk, Dafiary Road, Malad (East), Mumbai ~ 400 097 Respondents ORDER (Passed on'= 8 APR) 2025 1. This proceeding is initiated pursuant to the order of Hon'ble High Court dated 12.02.2025 in Writ Petition No.5105 of 2024. The Petitioners therein/Applicants hercin ratve Buldig, Prot Anant Kanekar Marg, Bandra (Eos, Mumba - 400051 1222686 5800/6912 S00" Fax 022-2059 0457» Email: afr. gov Inhave filed the Writ Petition No.5105 of 2024 for secking directions to the Rehabilitation Authority to decide their representations/complaints dated 25.09,202 30.09.2024. The said Writ Petition came to be disposed of by the Hon’ble Court on 12.02.2025 with directions to Chief Executive Officer, SRA & Executive Engincer, (P/N Ward), SRA to decide the representations/complaints of the Petitioners therein/Applicants herein within a period of eight weeks from the date of receipt of Order. In brief the facts which lead the Applicants to submit the representations/complaints dated 25.09.2024 & 30.09.2024 is as under; FACTS IN BRIEF 2, From record of Engineering Department it appears that, the Slum Rehabilitation Scheme under Regulation 33(10) of DCPR, 2034 on plot of land bearing CTS No.9-A, 9-A/1 to 57, 123-A of Village Bandongri, at Malad (Fast) for Bandongri Village SRA CHS (Prop.) is approved and Developers are (1) Mr. Alamgir Ali Mohammed Malkani, (2) Mr. Ismail Haroon Malkani, (3) Mr. Abdul Rahim H. Malkani, (4) Mr. Hasan IL Malkani, (5) Mrs. Rashida I, Aadwani, (5) Mrs. Ayesh H. Malkani, (6) Ms. Shamim H. Malkani (Hereinafter called and referred to as Scheme-1). ‘The record further reveals that, the Slum Rehabilitation Scheme under Regulation 33(11) of DCPR, 2034 on plot of land bearing F.P. No.21 of T.P.S. Malad No.1, CTS No.358, 358/1 to 11 of Village ~ Malad (Fast), Taluka Malad and CTS No.524, 524/1 to 14 of Village ~ Kurar, Dafiary Road, Malad (East), Mumbai 400 097 is approved and Developer is M/s. Sethia Infrastructure Pvt. Ltd. (Hereinafter called and referred to as Scheme-2). The Scheme-I and Scheme-2 were clubbed. The Sale BUA admeasuring 2174.57 sq. mtrs, from Scheme-1 interchanged to Scheme-2 and equivalent PTC BUA from Scheme-2 to Scheme-1 3. According to Applicants, the plot of land bearing CTS No.9A, 9A/1 to 57, 123A, 128(p) at Bandongri, Malad (East), Taluka Andheri was acquired by Applicant No.1 ic. Alamgir Ali Mohammed Malkani jointly with Late Haroon Ali Mohammed Malkani through Registered Deed of Conveyance dated 15.12.1994, On demise of Mr. Haroon Ali Mohammed Malkani and his widow Mrs. Najma Haroon Malkani, the share of Mr. Haroon Ali Mohammed Malkani in said land devolved to Applicant No.2 ic. Ismail Haroon Malkani & five others i.e. (1) Mr. Abdul Rahim Malkani, (2) Mr. Hasan Haroon Malkani, (3) Mrs. Rashida Irfan Advani, (4) Ms. Ayesha Haroon Malkani & (5) Ms. oyjim Haroon Malkani. It is further version of Applicants that, they initially undertaken development of the said land under SRD Scheme and subsequently same is converted into the SRA Scheme and lastly Clubbing revised LOI for Scheme-1 & 2 was issued on 22.11.2022, 4, Its the case of Applicants that, they have completed 6 Buildings and approved the Plan for Building No.8, 9 & 10 on the said land. They have entered into registered Joint Development Agreement with one M/s. Sai Enterprises in the year 2014 and further on 17.10.2017. As per Registered Joint Development Agreement dated 17.10.2017, Mis. Sai Enterprises agreed to construct and complete the Rehab Component of Building No.9 to accommodate 423 eligible slum dwellers. However, M/s. Sai Enterprises constructed and completed only 240 Rehab Tenements. It is alleged by the Applicants that, said M/s. Sai Enterprises in collusion with the Architect and officers of SRA, illegally obtained Occupation Certificate of ‘D’ Wing and unauthorizedly put up 17 Floors (ic. 24" Floor 10 40" Floor) on Wing T1 and T2 without completing the Rehab Component of Building No. 5. According to Applicants, they through their Advocate’s Notice dated 07.09.2024 terminated and cancelled the Development Agreement and Power of Attorney entered between Applicants and M/s. Sai Enterprises. The Applicants also intimated the termination of joint Development Agreement to Slum Rehabilitation Authority through representation cum complaint dated 25.09.2024. It is further version of Applicants that after receipt of representation dated 25.09.2024, the Slum Rehabilitation Authority issued notice dated 27.09.2024 to the Applicants instead of M/s. Sai Enterprises. It is the case of Applicants that after receiving said Notice dated 27.09.2024, the Applicants through their Advocate issued letter dated 30.09.2024 to all the occupants of Building No.9, Wing Tl & T- compliance with notice dated 27.09.2024. The copy of said letter dated 30.09.2024 is also ic. Scthia Imperial Avenue informing thereby to vacate the premises in marked 10 Executive Engineer, (P/N Wardy/SRA. 6. It is the version of Applicants that, they through their Advocate letter dated 07.10.2024 requested the Chief Fire Officer, Byculla to take action for prevention of the fire and life safety under the Fire Act because the occupants are occupying 24" Floor to Sethia Imperial Avenue” without Occupation — 40" Floor of the Building known asCertificate and Fire NOC. The Slum Rehabilitation Authority through notice oe é 08.10.2024 informed the Applicants with copy marked to Samata Nagar Police Station << Dindoshi Police Station, Chief Fire Officer and Flectrical Inspector Lifi, ete. After receipt of notice dated 08.10.2024 and on failure of its Chief Fire Officer to take action despite Applicants letter dated 07.10.2024, they through their Advocate letter dated 11.10.2024 addressed to BMC requested to remove the occupants occupying on said Building without Occupation Certificate to ensure the safety and security of the occupants and prevent any untoward incident. 7. It is the case of Applicants that, they came across one letter dated 10.10.2024 addressed to Occupants of the 24" Floor to 40" Floor of Wing T-1 and T-2 of Scthia Imperial Avenue by one Adv. Ritesh Singh, whereby he attempted to mislead the Occupants alleging that the Notice dated 27.09.2024 is bogus. In response to said letter, the Applicants through their Advocate letter dated 13.10.2024 addressed to Adv. Ritesh Singh with copy to all Occupants of Sethia Imperial Avenue, Slum Rehabilitation Authority and Sr. Inspector of Police, Dindoshi Police Station pointed out that the tt by M/s. Sai E handing over of the erprises and occupation by the Flat Purchaser without Occupation Certificate violates section 3(2)(i) of the Maharashtra Ownership Flats (Regulation of the promotions of construction, sale, management and Transfer) Act, 1963 and same constitutes offence w/s 13 of the said Act and same is cognizable offence and requested Sr. Inspector of Police, Dindoshi Police Station to register PIR against M/s Sai Enterprises, their Partners and the occupants. 8. It is alleged by the Applicants that, inspite of repeated persuasion the Shim Rehabilitation Authority is not considering the representation made by them through Advocate’s letter dated 25.09.2024. According to Applicants, no action taken despite knowing that the occupation without Fire NOC and Occupation Certificate is danger for the safety, security of life of the occupants, so the Applicants have filed Writ Petition No.5105 of 2024 in Hlon’ble High Court. Through order dated 12.02.2025, the Hon’ble Court has disposed of the said Writ Petition with directions to Chief Executive Officer/SRA and Executive Engineer (P/N Ward/SRA to decide the representations/complaints dated 25.09.2024 and 30.09.2024 as per law if not decided within a period of eight weeks from date of receipt of Order. ‘oxHon'ble Chief Executive Offcer/SRA has directed Deputy Chief fgineer/SRA to decide the said representations after giving hearing to all concerned parties. Pursuant thereto, the notice of hearing was issued to Applicants as well as Respondents and they are heard on 10.03.2025. On said day, Adv. Yatin Shah i/b Adv. Kirit [akani alongwith Mr. Alamgir Ali Malkani remain present. Mr. Hasan H. Malkani & Mrs, Rashida I. Malkani also remain present, Mr. Akshay Kothari & Mr. Rajesh Mishra for Respondent No.1 remain present. Architect, Mr. K. Zaman for Respondent No.2 remain present, Heard the parties at length and matter closed for order. ARGUMENTS OF APPLICANTS 10. There is copy of representation/complaint of Applicant dated 25.09.2024 on record. According to Applicants they have issued Notice of Termination of Joint Development Agreement dated 07.09.2024 to M/s. Sai Enterprises recording therein the scrious illegalities and breach of the LOI conditions by M/s. terprises. Its alleged by the Applicants that, M/s. Sai Enterprises in collusion and connivance with some of the Officers including Architect i.e. M/s. T.N. Hasan committed serious illegality and breach of constructions/LOI conditions as stated in Notice of Termination and the said breach has affected the dream homes of poor slum dwellers, 11. Itis the version of Applicants that, M/s. Sai Enterprises failed to complete the Rehab Component, which was intended to accommodate 460 slum dwellers within stipulated timeframe. Despite this, M/s. Sai Enterprises with the assistance of the said M/s. T.N. Hasan, Architect and officers of Slum Rehabilitation Authority proceeded to complete the construction of Sale Component and the said Sale Component were sold to third parties without fulfilling obligation to complete the Rehabilitation Component. It is i Emerprises and M/s. T.N. Hasan colluded further alleged by Applicants that, M/s. and connived with some Officers of Slum Rehabilitation Authority got approved the plan of Building No.10 without consent and knowledge of Applicants 12. According to Applicants, M/s. Sai Enterprises without completing Rehab Component for accommodating 460 slum dwellers completed the Sale Component i.e. T- 1 and T-2 upto 40" floors and without obtaining the Occupation Certificate from 24" Floor to 40" Floor, sold and disposed of the Flats constructed on 24" Floor to 40" Floor awithout Occupation Certificate, without Fire NOC and without NOC of the Competent Authority for the Lift. It is further alleged by the Applicants that, M/s. Sai Enterprises and M/s. T.N. Hasan in colluded with some of the officers of SRA and amended Plan on. 20.12.2023 without knowledge and consent of Applicants and obtained Occupation Certificate of Sale Wing “D” on 04.05.2024. 13, It is alleged by the Applicants that, on the basis of the forged Undertaking and getting the said Undertaking registered and making false statement knowing the same to be false before the Sub-Registrar of Assurances. The said Undertaking is signed by M/s. Sai Enterprises as Constituted Attorney of Mrs. Najma Harron Malkani (since deceased) declaring her as alive. According to Applicants, the record of Slum Rehabilitation Authority reveals that Mrs. Najma Haroon Malkani is dead and her name was removed from the LOI by substituting the legal heirs. According to Applicants, the approval of plans for Building No.10 obtained by M/s. Sai Enterprises, M/s. T.N. Hasan without their consent, 14. On these grounds the Applicants requested to issue Stop Work Notice in respect of construction of Sale Component in Building No.9 and to remove persons in ‘occupations of the Flats on 24"* Floor to 40" Floor of T-1 & T-2 Wing of Building No.9. The Applicants further requested to cancel the approval given on 20.12.2023 to the amendment of the plan for Building No.9 which is prejudicial to the interest of slum dwellers and to cease granting any further amendments, except for the amendment of the Composite Building plan for Building No.9 ensuring accommodation for all remaining slum dwellers. The Applicants further requested to cancel all the PTC Tenements in Building No.9 and to allot the same for the purpose of rehabilitation of the eligible slum dwellers and to cancel the Occupation Certificate in respect of Sale Wing D which was obtained by fraud. 15. Apart from representation/complaint dated 25.09.2024, there is another representation/eomplaint dated 30.09.2024 of Applicant on record. According to Applicants, M/s. Sai Enterprises have entered into several ownership Flats Agreement with intending Purchaser in violation of Joint Development Agreement. The Applicants through letter dated 30.09.2024 informed the occupants of the Flats on 24'* Floor to 40” Floor of Building No.9, T-1 & T-2 known as Sethia Imperial Avenue to vacate the oyin compliance with notice dated 27.09.2024 and non-compliance with notice by pants, the Applicants shall not be responsible for untoward incidents. The copy Acid letter dated 30.09.2024 is marked to Executive Engineer, (P/N Ward), SRA. It is the version of Applicants that inspite of repeated persui 6. sion the Slum Rehabilitation Authority are not considering the representations/complaints made by them through Advocate’s letter dated 25.09.2024 addressed to Slum Rehabilitation “Authority. According to Applicants, no action taken despite knowing that the occupation without Fire NOC and Occupation Certificate is danger for the safety, security of life of the occupants, so the Applicants have filed Writ Petition No.5105 of 2024 in Hon’ble High Court. Through order dated 12.02.2025, the Hon’ ble Court has disposed of the said Writ Petition with directions to Chief Executive Officer, SRA and Executive Engineer, (PIN Ward), SRA to decide the representations/complaints dated 25.09.2024 and 30.09.2024 as per law if not decided till today within a period of eight weeks from date of receipt of Order. 17. Through letter dated 27.02.2025, the Applicants again pointed out that, the various approvals for redevelopment are granted without their knowledge, notice, consent and therefore the Applicants requested to desist the Slum Rehabilitation Authority from issuing Further sanctions, permissions or approvals pertaining to the Scheme-1. Through Jotter dated 08.03.2025, the Applicants has requested to conduct the hearing by the Hon'ble Chief Executive Officer, SRA as directed by the Hon’ble High Court, instead of that the hearing is conducted by the Deputy Chief Engineer, SRA. The hearing notice is also not issued to M/s. Sai Enterprises, but instead issued to M/s. Sethia Infrastructure Pvt, Ltd, The notice is also not issued to Architect, M/s. T.N. Hasan. REASONING 18, As stated hereinabove the present proceeding is initiated pursuant to the order of Hon'ble High Cqurt dated 12.02.2025 in Writ Petition No.5105 of 2024. Through said Order the Hon'ble Court has directed the Chief Executive Officer, SRA and Exceutive Engincer (P/N Ward), SRA to decide the representations/eomplaints dated 25.09.2024 (Exhibit “B”) & 30.09.2024 Exhibit “D’) of the Applicants as per provisions of law if not decided till the date of Order within a period of cight weeks. In compliance of the directions of Hon'ble Court dated 12.02.2025, the Chief Bxecutive Officer/SRA has 7 : Adirected this Authority to decide said representations after giving hearing to all concerned. parties. The report of Executive Engineer (P/N Ward), SRA dated 17.03.2025 is on record. 19. In representation/complaint dated 25.09.2024 (Exhibit ‘B’ in Writ Petition No.5105 of 2024), the Applicants have specifically alleged that they have terminated the registered Agreement for Development dated 20.04.2013, unregistered Agreement dated 05.04.2016 and registered Development Agreement dated 17.10.2017, Unregistered Deed of Confirmation dated 19.08.2022 and imevocable Power of Attomey dated 25.08.2022 exeeuted by and between Applicants and M/s. Sai Enterprises through Legal Notice dated 07.09.2024 due to breach of Letter of Intent conditions by M/s. Sai Enterprises in collusion and connivance with some of the officers of Slum Rehabilitation Authority and Respondent No.2, Architect. In this regard the report of Executive eer reveals that, said Joint Development Agreement entered by and between Applicants and M/s. Sai Enterprises is not brought on the record of the Slum Rehabilitation Authority, The said dispute is inter-se between Applicants and said M/s. Sai Enterprises and allegations of collusion of officials of Slum Rehabilitation Authority is denied being baseless as the Applicants trying to use this Authority as tool in their hand to resolve their inter-se dispute, The Slum Rehabilitation Authority’s primary duty is to ensure the rehabilitation of slum dwellers, not to simply facilitate private deals between Developers. 20. Another issue alleged by the Applicants in said representation/complaint dated 25.09.2024 is that, M/s. Sai Enterprises failed to complete the Rehab Component to accommodate 460 slum dwellers and despite this they proceeded to complete construction of Sale Component and sold to third parties without fulfilling the obligations to complete the Rehab Component. In this regard the report of Executive Engineer reveals that, the Slum Rehabilita ‘The Clubbing of Scheme-1 by Applicants is done subsequently with Scheme-2. While ion Authority not recognized M/s. Sai Enterprises as Developer. clubbing Scheme-1 and Scheme-2, the 49 Rehab Tenements were converted into PTC with consent of Applicants and Respondent No.3. The Applicants being a Developer of Scheme-l has a contractual obligation to complete both the Rehab and Sale Components, and to deliver the Rehab Component to the slum dwellers before proceeding with the Sale 8 wgwent. Since the record of Engineering Department reveals that, the permissions in the name of Applicants, so Notice ws 54 of the Maharashtra Regional Town ning, Act 1966 is required to be issued to Applicants in respect of Sale Component of Composite Building No.9 with copy to Senior Police Inspector of Police Station concerned to ensure the work is being stopped. 21. Another issue alleged by the Applicants in said representation/complaint dated 25.09.2024 is that, M/s. Sai Enterprises and Respondent No.2 colluded and connived with some Officers of Slum Rehabilitation Authority got approved the Plan of Building No.10 without the consent of Applicants. In this regard the report of Executive Engineer reveals that, as per record of Engineering Department, the Applicants are the Developers and the “Architect is appointed by Applicants and Applicants are at liberty to take recourse of law against the Respondent No.2 for breach of Trust. dated 22. Another issue alleged by the Applicants in said representation/compl: 25.09.2024 is that, M/s. Sai Enterprises without completing Rehab Component for accommodating 460 slum dwellers completed the Sale Component ie. I-1 & T-2 upto 40 Floors and without obtaining Occupation Cettificate from 24"* Floor to 40% Floor sold and disposed of the Flats and handed over to Purchasers and that is to without Fire NOC and without NOC of the Competent Authority for Lift. In this regards the report of Executive Engineer reveals that, the Slum Rehabilitation Authority has already informed Sr. Police Inspector, Dindoshi Police Station to initiate appropriate action as per law for eviction of the unauthorized occupants. The Developer on record is legally obligated under applicable law to obtain an Occupation Certificate before handing over possession of Flats to Purchasers, ensuring the Building is safe and compliant with regulations. 23. Another issue alleged by the Applicants in said representation/complaint dated 25.09.2024 is that, M/s. Sai Enterprises and Respondent No.2 colluded with some of the officers and amended the Plan on 20.12.2023, without knowledge and Consent of Applicants and obtained Occupation Certificate of Sale Wing D on 04.05.2024 on the basis of forged Undertaking and getting the said Undertaking registered and making false statement knowing the same to be false before the Sub-Registrar of Assurances, which ‘was signed by M/s. Sai Enterprises as Constituted Attorney of Mrs. Najama Haroon Malkani (since deceased) declaring her as alive and her name was removed from Letter yay SY eS n ae Gy, mr Department reveals that, the issue of forgery is not under the purview of this Authority. ses of Intent by substituting her legal heirs. In this regard the report of Engineering ‘Though this Authority did not admit the Joint Development Agreement as well as M/s, Sai Enterprises, itis pertinent to note that, Power of Attorney becomes invalid upon the death of the person who granted it and the agent can no longer act on behalf of the deceased. The general rule is that a Power of Attomey is automatically terminated upon the death of the principal. This Authority do not want to comment on this issue as the so called Joint Development Agreement, Power of Attorney, etc. are not brought on the record of the Slum Rehabilitation Authority by the Applicants. 24. As far as the request of Applicants in representation/complaint dated 25.09.2024, to issue Stop Work Notice to Sale Component in Building No.9 as well as to remove the Occupants in occupation of the Flats on 24" to 40" Floor in T-1 & T-2 Wing of Building No.9 are concerned, the record of Engineering Department reveals that the permissions stand in the name of Applicants, so Notice u/s $4 of the Maharashtra Regional Town Planning Act, 1966 is required to be issued to Applicants with copy to Sr. Police Inspector of Police Station concemed. So far as to cancel the approval given on 20.12.2023 to the amendment of the Plan for Building No.9 is concerned, the Cancelation of Plans cannot be decided unilaterally on the basis of Applicants as they have created lien without the knowledge of SRA. 25. The Applicants also requested to cancel all PTC Flats in Building No.9 and to allot the same for the purpose of rehabilitation of the eligible slum dwellers. In this regard the report of the Executive Engineer reveals that there is dispute between Applicants and Respondent No.1. There is reportable judgment of Hon'ble Supreme Court of India in Civil Appeal No.9369 of 2011 (Balasaheb Arjun Torbole & Ors. V/s. Administrator and Divisional Commissioner & Ors.), the Hon'ble Court has observed that, beneficial provisions meant to ameliorate the poor condition of slum dwellers and should not be jettisoned only on technical grounds or procedural infirmities unless the persons coming to the Court and seeking relief through Writ Petition are able to show that they have suffered injustice or legal injury. 26. So far as the request of Applicants to cancel the approval given on 20.12.2023 to amendment of the Plan for Building No.9 which is prejudicial to the interest of slum "oy's concemed, there is what nature of alleged prejudice to slum dwellers is od and the cancelation of plans cannot be decided unilaterally on the basis of made by the Applicants as they have created lien without SRA’s knowledge. As 4s the allegation fo cancel the Occupation Certificate in respect of Sale Wing D, which ‘was obtained by fraud is concerned, the unilateral request cannot be considered unless decided by, the Competent Civil Court, as the lierVinterest of third parties is admittedly acknowledge by Applicants 27. The representation/complaint dated 30.09.2024 (Exhibit “D’ in Writ Petition No.5105 of 2024) is issued to all the occupants “Sethia Imperial Avenue” and requested ‘0 evict unauthorized occupants and vacate unauthorized occupied premises immediately on 24" Floor to 40" Floor of Building No.9, T-1 & T-2 Wing as per notice dated 27.09.2024 issued by Shum Rehabilitation Authority. The Applicants has further stated ‘hat non-compliance with the said Notice by the Occupants, they will not be responsible for any untoward incidents. The copy of said letter is marked to the Executive Engineer, (PIN Ward), SRA. In this regard the report of Executive Engineer reveals that, there is shirking of responsibility by Applicants for failure of eviction of persons occupying from 2410 40 Floors of Sale Wing T-1 & 12 of Composite Building No.9 without Oecupation Certificate and without compliance of Fire NOC. 28. Apart from the abovesaid representations/complaints, the record of Engineering Department reveals that there is another representation/complaint of Applicants dated 30.09.2024 addressed to Chief Executive Officer/SRA, Deputy Chief Engineet/SRA and Executive Engineer (P/North Ward), SRA. In said letter itis alleged by the Applicants that, the Notice dated 27.09.2024 issued by the Shum Rehabilitation Authority is only after complaint dated 25.09.2024. According to Applicants the said Notice issued to them instead of Mr. Basantraj Sethia who is joint Developer. It is further alleged that the said Notice, the Slum Rehabilitation Authority did not mentioned about fraudulent Undertaking given by Mr. Basantraj Sethia and acted upon to issue Occupation Certificate to Sale Component without completion of Rehab Component. In this regard, ive Engineet/SRA reveals that the Applicants induced Respondent the report of Exe No.1 without the knowledge of Slum Rehabilitation Authority and therefore the Slum Rehabilitation Authority is not liable for issuing such notice to them and on the point of a uat submission of fraudulent Undertaking, the Slum Rehabilitation Authority does not have competence to decide whether the particular document is fraudulent or otherwise. 29. In Representation dated 30.09.2024, the Applicants further alleged that the illegality is done with collusion and connivance of officers of SRA and Respondent No.1 In this regard the report of Executive Engineer reveals that, as per record of Engineering Department, the Applicants are the Developers and the Architect is appointed by Applicants and Applicants are at liberty to take recourse of law against the Respondent No2 for breach of Trust. With regard to collusion and connivance, the Slum Rehabilitation Authority was not aware of the entity induced by Applicants until the instant proceedings. In said representation dated 30.09.2024, the Applicants has requested the Slum Rehabilitation Authority to direct the Respondent No.1 & 2 to immediately comply with the Notice dated 27.09.2024 with the help of Police Authorities. 30. In the light of above facts and circumstances, the representations/complaints of Applicants dated 25.09.2024 & 30.09.2024 are disposed. Hence this Authority proceed to pass following order. ‘ ORDER i ‘The Executive Engineer (P/N Ward), SRA, Brihanmumbai is directed to issue Stop Work Notice to Applicants, Developer in respect of Sale Component in Scheme-1. a ‘The Executive Engincer (P/N Ward), SRA, Brihanmumbai is further directed to issue Notices under the Maharashtra Regional Town Planning, Act 1966 to Applicants, Developer for unauthorized occupation in Scheme-1 3. The Applicants as well as Respondent No.3 are directed to handover the PT( TTenements as per approval granted by the Slum Rehabilitation Authority before obtaining Occupation Certificate to Scheme-2. Date: = 8 APR 2095 Place: SRAED/IOW/202¢ |S 756 | No.: SRA/Dy.C.E/H.C. Dir./Malkani/, Date: f° 8 APR 2095‘opy to: . Mr. Alamgir Ali Mohammed Malkani, 105, Sunshine Apartment, Malkani Estate, Bandongari, Malad (East), Mumbai ~ 400 097 2. @) Mr. Ismail Haroon Malkani, (b) Mr. Abdul Rahim H. Malkani, (© Mr. Hasan H, Malkani, (d) Mrs. Rashida I. Aadwani, (©) Mrs. Ayesh H. Malkani, () Ms. Shamim H. Malkani, G-9, Sabyadri Apartment, Malkani Estate, Bandongari, Malad (East), Mumbai — 400 097 3. MIs. Sai Enterprises, 64, Janmabhoomi Marg, 3" Floor, Fort, Mumbai T.N. Hasan, Architect, 14/B, Bindya Society, SI, Hilla Road, Bandra (West), Mumbai ~ 400 050 5. M/s. Sethia Infrastructure Pvt. Ltd, 701, Center Plaza, Shivaji Chowk, Daftary Road, Malad (East), Mumbai —400 097 Executive Engineer (P/N Ward)/SRA, Brihanmumbai Deputy Collector (Special Cell) (W.S.)/SRA, Brihanmumbai DDLR/SRA, Brihanmumbai DDIP/SRA, Brihanmumbai 10. Financial Controller/SRA, Brihanmumbai 11 Assistant Registrar C.S. (Western Suburbs)/SRA, Brihanmumbai \2Tnformation Technology Officer/SRA, Brihanmumbai 13. Chief Legal Consultant/SRA, Brihanmumbai Sens