The appellants also sought directions to direct the SRA to issue Commencement Certificate as per the existing guidelines.
As per the above said directives issued by the Government, developer companyoperative society is required to pay premium 25 in terms of the Ready Reckoner in respect of Slum Rehabilitation Scheme proposed to be undertaken on the lands owned by the Government, Semi Government Undertakings and local bodies.
In the aforesaid writ petition filed before the High Court, the Signature Not Verified appellants have challenged an order of the High Power Committee Digitally signed by GULSHAN KUMAR HPC dated 19th December 2009 by which, the demand made by the 2 nd ARORA Date 2020.01.31 170436 IST Reason respondent Slum Rehabilitation Authority SRA demanding premium of A.SLP C Nos.33078 33079 of 2015 an amount of Rs.8,47,69,029.69 Rupees Eight Crores Forty Seven Lakhs Sixty Nine Thousand Twenty Nine and Sixty Nine Paise only , is companyfirmed in respect of Letter of Intent LOI dated 05 th January 2005, issued in their favour for Slum Rehabilitation Scheme.
Since the said plot was within the area of Coastal Regulation Zone CRZ , the said LOI was issued subject to clearance by CRZ authorities as provided under Clause 46, by the 1 st respondent and Maharashtra Coastal Zone Management Authority MCZMA .
The Government of Maharashtra has issued directives under Section 37 1 and Section 154 of the Maharashtra A.SLP C Nos.33078 33079 of 2015 Regional Town Planning Act.
In view of the said numberification issued by the Government, the appellants were demanded an amount of Rs.8,47,69,029.69 Rupees Eight Crores Forty Seven Lakhs Sixty Nine Thousand Twenty Nine and Sixty Nine Paise only towards the premium.
Questioning the letter of demand issued by the 2nd respondent for the aforesaid sum, the appellants have approached the HPC.
The above writ petition was dismissed by the impugned order dated 03.05.2012 by the High Court of Judicature at Bombay and the review petition filed by the appellants has also ended in dismissal by order dated 01.07.2015.
During the pendency of the proceedings before the Coastal Zone Management Authority, 1st respondent Government issued numberification dated 16.04.2008.
Questioning the demand of Rs.8,47,69,029.69 and further order issued by the HPC, the appellants have approached the High Court by filing writ petition in W.P.No.1902 of 2010.
On the proposal for the aforesaid scheme, a LOI bearing numberSRA Eng/875/D GL LOI dated 05.01.2005 has been issued by the 2nd respondent authority in favour of the 2nd appellant to carry out the said rehabilitation.
at Bhagwan Indrajit Road, Mumbai.
Even the HPC has companysidered the issue and rejected the claim of the appellants that they are number required to pay the premium amount as much as they were already issued LOI dated 05.01.2005.
The appellant number1 is the registered society of slum dwellers, who are stated to be residing on plot bearing numberCS No.51, 2/51, 3/51 of Malabar Hill and Cumballa Hill Div.
The appellant number2 is a rehabilitator who was approached by the 1 st appellant society to develop the said plot and rehabilitate its members under Slum Rehabilitation Scheme, under Maharashtra Slum Rehabilitation Act, 1976.
Subhash Reddy, J. Leave granted.
These civil appeals are filed by the original petitioners in Writ Petition No.1902 of 2010 filed before the High Court of Judicature at Bombay, aggrieved by the order dated 03rd May 2012 dismissing the writ petition and further order dated 01st of July 2015 dismissing the review petition.
