BEFORE THE HON’BLE GRIEVANCE REDRESSAL COMMITTEE, AT

MUMBAI SUBURBAN
(CONSTITUTED UNDER SLUM REHABILITATION SCHEME)
APPEAL NO. __________ OF 2023
IN THE MATTER OF PROVISIONS OF SECTION 35 OF
THE MAHARASHTRA SLUM AREA (IMPROVEMENT,
CLEARANCE AND REDEVELOPMENT) ACT, 1971

SMT. DAYABAI MANOHAR SHINDE … APPELLANTS

v/s
ADDITIONAL COLLECTOR (ENCR./ DEMO) &
3 OTHERS …. RESPONDENTS
INDEX
Sr. No. Exh. No. Particulars Page No.
1 Synopsis

2 Memo of Appeal

3 Affidavit in support of Memo of

Appeal
4 Memorandum of Address of
Appellant and Advocate

5 Vakalatnama

6 List of Documents

7 Condonation of Delay

Date-
Place-

Advocate for Appellant Appellant

 BEFORE THE HON’BLE GRIEVANCE REDRESSAL COMMITTEE,
AT MUMBAI SUBURBAN
(CONSTITUTED UNDER SLUM REHABILITATION SCHEME)
APPEAL NO. __________ OF 2023

IN THE MATTER OF PROVISIONS OF SECTION

35 OF THE MAHARASHTRA SLUM AREA
(IMPROVEMENT, CLEARANCE AND
REDEVELOPMENT) ACT, 1971

SMT. DAYABAI MANOHAR SHINDE … APPELLANTS

v/s
ADDITIONAL COLLECTOR (ENCR./ DEMO) &
3 OTHERS ... RESPONDENTS

SYNOPSIS
The Appellant seeks to challenge the order passed by Mr. Tejusing Pawar,
Additional Collector, (Upper Jilha Adhikari ) (Encr./ Dem.) Eastern
Suburban on dated 25/1/2023 in Rejecting the Appeal filed by the
Appellant for the reason that Appellant has not provided evidences of
existence of his hutment before 1/1/2000. and in the observation of
competent authority declared the hutment under 3 Z(2).
Particulars
Dates and Events
22/12/1985 Copy of xerox of birth certificate from
BMC of son Vijay Manohar Shinde
22/12/1985
30/10/2013 Gas connection receipt on the name of
Dayabai Shinde
27/03/2002 Affidavit of Transfer by Housabai Yadav
Mhaske to Dayabai Shinde on 27/03/2002

Year 2000 Receipt no. 1548942 of identity card

2000, issued by BMC for slum

10/02/2021 Letter to Deputy Collector, chembur, dt.

 10/2/2001 to inform them that her name
was excluded from SRA Survey.
03/02/2021 Letter from Adv. Shankar Parab to Deputy
Collector, Chembur for filling an appeal on
dated 03/02/2021.
8/3/2021
06/08/2021 Order of Deputy Collector directing the
Appellant to vacate her hutment
11/08/2021 Appeal dated 011/08/2021 filed by the
Appellant before
Additional Collector (ENCR./ DEMO)

13/08/2021 Application for the stay of Adv, Parab on

dated 013/08/2021 to Additional Collector
(ENCR./ DEMO)
30/8/3021 Notice issued by Additional Collector
(ENCR./ DEMO) to remain present for
hearing to Mahatma Jyotiba Phule
gruhanirman sanstha
30/9/2021 Notice issued by Additional Collector
(ENCR./ DEMO) to remain present for
hearing to the Applicant
25/01/2023 Order of Additional Collector (ENCR./
DEMO) on dated 25/01/2023 dismissed
the appeal 21/2021

11/1/2023 Letter dated 11/1/2023 from Mahatma

Jyotiba Phule Nagar (SRA)sahakari
gruhnirman sanstha ltd. Regarding the
Membership of the Appellant in their
society
2009 Abstract of Election commission
Hutment photos with Appellant

Date-
Place- Mumbai

Advocate for Appellant Appellant

 BEFORE THE HON’BLE GRIEVANCE REDRESSAL COMMITTEE,
AT MUMBAI SUBURBAN
(CONSTITUTED UNDER SLUM REHABILITATION SCHEME)
APPEAL NO. __________ OF 2023

IN THE MATTER OF PROVISIONS OF

SECTION 35 OF THE MAHARASHTRA
SLUM AREA (IMPROVEMENT,
CLEARANCE AND
REDEVELOPMENT) ACT, 1971
AND
IN THE MATTER OF ORDER DATED
21/1/2023 PASSED BY RESPONDENT
NO. 1 ADDITIONAL COLLECTOR
(ENCROACHMENT & DEMOLITION)
EASTERN SUBURBAN, MUMBAI IN
APPEAL NO.
SMT. DAYABAI MANOHAR SHINDE, )
Adult, aged about____ years, )
Indian Inhabitant, Residing at )
S.T. Road, Anand Nagar, behind )
B.M.C school, Nav Jeevan Mitra Mandal )
Lal Dngar, Chembur, Mumbai 400071 )
Versus
1. ADDITIONAL COLLECTOR (ENCR/DEMO )
Industrial Assurance Building, )
st
1 Floor, Churchgate, )
Mumbai – 400020
)
2. DEPUTY COLLECTOR (ENCR/DEMO) )
& COMPETENT AUTHORITY )
Chembur1, chembur )
 3. Chairman/ Secretary )
Mahatma Phule Co-Operative Housing )
Soceity, 343, Pai, Laldongar, Chembur, )
Mumbai – 400 071 )

4. Developer )
SPENTA ENCLAVE PVT. LTD. )
Raj Bahadur Mansion, 3 A/B, )
20, Ambala Doshi Marg, )
Mumbai – 400 023 )

TO,

THE HON’BLE CHAIRMAN AND

OTHER MEMBERS OF THE
HON’BLE GRIEVANCE REDRESSAL
COMMITTEE

HUMBLE APPEAL ON BEHALF OF THE APPELLANT ABOVE NAMED

UNDER SECTION 35 OF THE MAHARASHTRA SLUM AREAS
(IMPROVEMENT, CLEARANCE AND REDEVELOPMENT ACT, 1971)

MOST RESPECTFULLY SHEWETH THAT:

1. By this Appeal under Sec. 35 of the Maharashtra Slum Areas

(Improvement, Clearance and Redevelopment) Act, 1971 (hereinafter

referred to as the said Act of 1971), Appellant seeks to challenge the

Order dated 25/01/2023 passed by the Respondent No. 1 by which the

Respondent No. 1 rejected the Appeal filed by the Appellant for the

reason that Appellant have not provided proof of his residence before

dated 01/01/2000. Further the authorities have alleged and declared that

the Appellant have not possessed proper evidences and the said hutment

is under 3-z (2) construction without the proper permissions from the
 related authorities. Exhibit A is the xerox copy of the said Order

dated 25/1/2023.

2. That the mother of Appellant SMT. HOUSABAI MHASKE was a

continuously resident of the said area on which her mother resided

at that hutment and transferred the same by executing the Affidavit

on dated 27/3//2002. Exhibit B is the xerox copy of the said

Transferred Deed.

3. That the birth of the Appellant son Sanjay Shinde has took place in the

said place and area. Appellant and his family members are residing in

the same place since many years. Exhibit C is the xerox copy of the

said Birth Certiciate.

4. That at the time of Survey in the year 2007 the Appellant was

unavailable due to some personal reasons at Hutment to provide the

information and production of documents regarding the said hutment.

Hence, the name of the Appellant was excluded from Survey list by

SRA. The Appellat has applied to the office of Deputy Collector

(Enc/Demo) at chembur-1, at Chembur requesting to include her name

in the survey. Exhibit D is the xerox copy of the said request letter.
5. That the Mahatma Jyotiba Phule (SRA) Co.op.Soc. Pvt. Ltd has

declared and agreed in their letter addressing to the Deputy

collector (Enc/Demo) chembur-1, that the Appellant is a member of

their society and she has been a continuous residence since last 40

years. Exhibit E is the xerox copy of the said letter of the Society.

6. Hence, the Appellant had filed APPEAL NO.11/8/2021 before the

ADDITIONAL COLLECTOR (ENCR/DEMO) under SECTION 35

OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT,

CLEARANCE AND REDEVELOPMENT ACT, 1971) Exhibit F is

the xerox copy of the said Appeal.

7. The Appellant have submitted all the evidences on oath before the

Additional Collector (Encr/ Demo) regarding the existence of his

hutment which is to be included in the Survey of SRA.

8. That the Hon’ble authority have dismissed Appeallant’s appeal on dated

25/01/2023 stating that Appellant have not provided the evidences

regarding the hutment before the year of 01/01/2000.

9. 10 The authority has failed to recognized transferred deed which

have been executed between Housabai Yadav Mhaske the mother of the

Appellant and the Appellant on 22nd march 2002, the identity card

(zopadidharak olkhpatra) issued by BMC. ,Gas Connection receipt

 No. 11239773, bearing consumer No. 614730 dated 30/10/2013, which

shows the continuous residence of the Applicant in the

abovementioned area and her eligibility to be resident. Exhibit G and

H are the xerox copies of the said Identity proof of zopadidharak

and gas connection receipt.

10. That as mentioned in the written argument dated 8/3/2021 for the

Appellant, Dayabai shinde, Advocate Parab has submitted that the

Application by M/s Spenta Enclave Pvt. Ltd. which was without any

authorized signature on it. And also, in their report they have

mentioned that the appellant has not cooperated with their authorities in

the process of survey i.e. measurements and photos regarding the

hutments. Which was not true as the residents of these area would like to

cooperate with them but M/s. Spenta Enclave Pvt. Ltd. with malicious

intention made false report against the poor illiterate residents of this

area. Exhibit I is the xerox copy of Written Argument.

11. Even not only that the abovementioned builder has with bad intention

started the procedure of digging around the hutments and mentioned in

his Application that some hutments are the hurdles in his work and filed

an application against the Appellant wherein he prayed to the authorities

that those hutments be declared as illegal.

12. The DEPUTY COLLECTOR (ENCR/DEMO) & OMPETENT

AUTHORITY Chembur without application of their mind have not

issued any notice to the Mahatma Jyotiba Phule (SRA) Co.op.Soc.

Pvt. Ltd. in this matter not called the Society for hearing, even

failed to make party in the said hearing, and had passed the order

on6/8/2021 thereby directed the Appellant to vacate her hutment or

3(z) 2 notice will be served upon her. Exhibit J is the xerox copy of

the said order dated 6/8/2001.

13. Appellant is having all the relevant evidences of his hutment and they

are exhibited before this Hon’ble Authority with this Appeal and other

relevant correspondences also Marked as Exhibit K.

Hence, following are the grounds

GROUNDS

1. That the impugned order dated 25/01/2023 passed by the Respondent

No. 1 is contrary to law, contrary well-established principles of law and

thereafter the same is liable to be quashed and set aside.

2. That the Appellant has the Right of Residence in her hutment as she

is CONTINUOUS RESIDENDENT of Maharashtra and residing at the

abovementioned hutment from the last 40 years.

3. That the Government Resolution dated 16/05/2015 is very clear, which

says that only one document is necessary to prove the eligibility. In the

Appellant’s case, Appellant has produced the plenty of documents

 which show that the Appellant was in the possession of said Hutment for

years together prior to 01/01/2022. The affidavit executed in the year

27/3/2002 which is annexed as Exhibit “A”.

4. That the Respondent No. 1 failed to consider the old Ration Card No.

SD.0654324 dated 26/03/1993 of Appellant and Election Identity Card

of Appellant.

5. The Respondent No. 1 had erred in rejecting the appeal on technical

ground when points relevant on record to establish the eligibility have

been omitted. The administration action has to be taken while rejecting

the Appeal principles of equity and balance of convenience should not

be omitted. Technical grounds can be modified and due merits have to

be taken into consideration. However, the learned Respondent No. 1 has

not considered the facts in hand and thereby committed error on the face

of the records.

6. That the Respondent No. 1 being competent authority exercises powers

of Quasi Judicial authority. Therefore, Respondent No. 1 is bound to

pass and/or issue reasons and speaking order. However, in the present

case, the Respondent No. 1 has passed unreasoned order and therefore,

the same deserved to be quashed and set aside.

7. Appellant states that Respondent No. 1 has passed impugned order

without application of his mind and without verifying documents

produced by the Appellant. Therefore, the impugned order passed by

Respondent No. 1 deserves to be quashed and set aside.

8. The impugned order dated 025/01/2023 is illegal, improper and unjust

and therefore cannot be sustained in the eyes of law and therefore liable

to be quashed and set aside.

9. That this Hon’ble Committee has jurisdiction to try and entertain the

Appeal.

10. That the Appellant has not filed any other appeal/ revision touching the

subject matter of this appeal, before any other court including the

Hon’ble Court and Hon’ble Supreme Court.

11. The Appellant be permitted to add, alter, and/or amend the Appeal as

and when required.

12. Appellant therefore, prays that this Hon’ble Authority in the interest of

justice be pleased to

a. That the impugned order dated 025/01/2022 passed by the

Respondent No. 1 is contrary to law, contrary to the well established

 principles of law and therefore the same is liable to be quashed and

set aside.

b. Call for record and proceedings from the Office of the Respondent

No. 1 and after going through the legality of the same, quash and set

aside the impugned order dated 25/01/2023 passed by the

Respondent No. 1 Additional Collector (Encroachment and Demo.),

Eastern Suburbs, Mumbai in Appeal No.21/2021 dated 25/1/2023

passed by the Respondent No. 1 and the Appellant be declared

eligible for the benefits of the Rehabilitation Scheme.

c. Pending hearing and final disposal of the Appeal stay the

operation, implementation, and execution of the impugned order

dated 25/1/2023 passed by the Respondent No. 1.

d. Pass any other just and equitable order as this Hon’ble Authority

may deed fit and proper.

AND FOR THIS ACT OF KINDNESS AND JUSTICE THE

APPELLANT IS DUTY BOUND SHALL EVER PRAY.

Place- Mumbai

Date –

Advocate for Appellant Appellant

VERIFICATION
I, MRS. DAYABAI MANOHAR SHINDE, an adult, aged _____ years,
Indian Inhabitant, residing at - S.T. Road, Anand Nagar, behind B.M.C
school, Nav Jeevan Mitra MandalLal Dngar, Chembur, Mumbai 400071
Mumbai – do hereby state and submit that whatever is stated in my above
mentioned Appeal is true and correct to the best of my knowledge
and belief.

Place- Mumbai

Date –

Advocate for Appellant Appellant

 BEFORE THE HON’BLE GRIEVANCE REDRESSAL COMMITTEE,
AT MUMBAI SUBURBAN
(CONSTITUTED UNDER SLUM REHABILITATION SCHEME)
APPEAL NO. __________ OF 2023
IN THE MATTER OF PROVISIONS OF SECTION 35 OF THE
MAHARASHTRA SLUM AREA (IMPROVEMENT, CLEARANCE
AND REDEVELOPMENT) ACT, 1971

MRS. DAYABAI MANOHAR SHINDE … APPELLANTS

v/s
ADDITIONAL COLLECTOR (ENCR./ DEMO) &
3 OTHERS …. RESPONDENTS

MEMORANDUM OF ADDRESS

1. MRS. DAYABAI MANOHAR SHINDE )

S.T. Road, Anand Nagar, behind )

B.M.C school, Nav Jeevan Mitra Mandal )
Lal Dongar, Chembur, Mumbai 400071 )
Ph. No. – )

2. ADV. VARSHA R. SHINDE )

ADV. KANTILAL GAIKWAD )
Address – Building No. 177, )
Room No. 6156, New Bhimnagar CHS, )
B Wing, Kannamwar Nagar 2, )
Vikhroli (East), Mumbai- 400 083 )
Mob. No. 9082482122/9819648037 )

Place- Mumbai

Date –
 BEFORE THE HON’BLE GRIEVANCE REDRESSAL COMMITTEE,
AT MUMBAI SUBURBAN
(CONSTITUTED UNDER SLUM REHABILITATION SCHEME)
APPEAL NO. __________ OF 2023
IN THE MATTER OF PROVISIONS OF SECTION 35 OF THE
MAHARASHTRA SLUM AREA (IMPROVEMENT, CLEARANCE
AND REDEVELOPMENT) ACT, 1971

MRS. DAYABAI MANOHAR SHINDE … APPELLANT

v/s
ADDITIONAL COLLECTOR (ENCR./ DEMO) &
3 OTHERS …. RESPONDENTS
VAKALATNAMA

MAY IT PLEASE THIS HON’BLE APPELLATE AUTHORITY I,

MRS. DAYABAI MANOHAR SHINDE, the Appellant above said do
hereby nominate and appoint ADV. VARSHA R. SHINDE & ADV.
KANTILAL GAIKWAD, Advocates, High Court, to act, appear and plead
of us in the above matter.

IN WITNESS WHEREOF, I have subscribed my hand to this writing on

the ___ day of October, 2003.

MRS. DAYABAI MANOHAR SHINDE

Appellant
ACCEPTED

ADV. VARSHA R. SHINDE/ADV. KANTILAL GAIKWAD

REG. NO. MAH/1959/2017
Advocates High Court
Address- Building No. 177, Room No. 6156,
Kannamwar Nagar, Vikhroli (East), Mumbai – 400 083
Mob. No. 9082482122/9819648037
Email ID- [email protected]
N.B. I am a member of the Advocate welfare fund
 BEFORE THE HON’BLE GRIEVANCE REDRESSAL COMMITTEE,
AT MUMBAI SUBURBAN
(CONSTITUTED UNDER SLUM REHABILITATION SCHEME)
APPEAL NO. __________ OF 2023

IN THE MATTER OF PROVISIONS OF SECTION 35 OF THE

MAHARASHTRA SLUM AREA (IMPROVEMENT, CLEARANCE
AND REDEVELOPMENT) ACT, 1971

MRS. DAYABAI MANOHAR SHINDE … APPELLANTS

v/s
ADDITIONAL COLLECTOR (ENCR./ DEMO) &
3 OTHERS …. RESPONDENTS
APPLICATION FOR CONDONATION OF DELAY

MAY IT PLEASE YOUR HONOR

1. The Appeal No.21/2021 was rejected on technical grounds on dated

25/01/2023 by Hon’ble Additional Deputy Collector (Encr./Dem) Eastern
Suburban.

2. The Appellant is an ordinary, illiterate person having no knowledge of law and

is not familiar with the procedure.

3. The Appellant tried to include his name in Schedule 2 of SRA Survey.

4. The Appellant submits that he could not file the Appeal in time because there
was financial difficulty also in addition to seeking advice from the proper legal
person. The reasons of filling Appeal for around 5 months. It is again not
deliberate delay in filling this Appeal. That the Applicant is late in submitting
the Appeal by 5 months.
5. The Appellant therefore, prays that the delay in submitting the appeal be
condoned as per the judgment of the Supreme Court in the case of Collector,
Land Acquisition, Anantrag and Others V/s Mst. Katiji and others (LLJ 1987
SC p. 500) and the Appellant will be highly obliged for the same.

Place- Mumbai

Date –

Advocate for Appellant Appellant

BEFORE THE HON’BLE GRIEVANCE REDRESSAL COMMITTEE,
AT MUMBAI SUBURBAN
(CONSTITUTED UNDER SLUM REHABILITATION SCHEME)
APPEAL NO. __________ OF 2023

IN THE MATTER OF PROVISIONS OF SECTION 35 OF THE

MAHARASHTRA SLUM AREA (IMPROVEMENT, CLEARANCE
AND REDEVELOPMENT) ACT, 1971

MRS. DAYABAI MANOHAR SHINDE … APPELLANT

v/s
ADDITIONAL COLLECTOR (ENCR./ DEMO) &
3 OTHERS …. RESPONDENTS
LIST OF DOCUMENTS

Sr. No. Exh. No. Particulars Page

No.
25/01/202 A Order of Additional Collector
3 (ENCR./ DEMO) on dated
25/01/2023 dismissed the appeal
21/2021

27/03/200 B Affidavit of Transfer by Housabai

2 Yadav Mhaske to Dayabai Shinde
on 27/03/2002
22/12/198 C Copy of xerox of birth certificate
5 from BMC of son Vijay Manohar
Shinde 22/12/1985
10/02/202 D Letter to Deputy Collector,
1 chembur, dt. 10/2/2001 to inform
them that her name was excluded
from SRA Survey.
11/1/2023 E Letter dated 11/1/2023 from
Mahatma Jyotiba Phule Nagar
(SRA)sahakari gruhnirman sanstha
ltd. Regarding the Membership of
 the Appellant in their society
11/08/202 F Appeal dated 011/08/2021 filed by
1 the Appellant before
Additional Collector (ENCR./
DEMO)

Year 2000 G Receipt no. 1548942 of identity

card 2000, issued by BMC for
slum dwellers
30/10/201 H Gas connection receipt on the name
3 of Dayabai Shinde
I Written Arguments of Adv. Parab
06/08/202 J Order of Deputy Collector directing
1 the Appellant to vacate her hutment
13/08/202 K Application for the stay of Adv,
1 Parab on dated 013/08/2021 to
Additional Collector (ENCR./
DEMO)
30/8/3021 K( colly) Notice issued by Additional
Collector (ENCR./ DEMO) to
remain present for hearing to
Mahatma Jyotiba Phule
gruhanirman sanstha
30/9/2021 - Notice issued by Additional
Collector (ENCR./ DEMO) to
remain present for hearing to the
Applicant
25/01/202 - Order of Additional Collector
3 (ENCR./ DEMO) on dated
25/01/2023 dismissed the appeal
21/2021

2009 - Abstract of Election commission

- Hutment photos with Appellant

Date-

Place-

Advocate for Appellant Appellant

 BEFORE THE HON’BLE GRIEVANCE REDRESSAL COMMITTEE,
AT MUMBAI SUBURBAN
(CONSTITUTED UNDER SLUM REHABILITATION SCHEME)
APPEAL NO. __________ OF 2023

MRS. DAYABAI MANOHAR SHINDE … APPELLANTS

v/s
ADDITIONAL COLLECTOR (ENCR./ DEMO) &
3 OTHERS …. RESPONDENTS
AFFIDAVIT IN SUPPORT OF APPEAL

I, MRS. DAYABAI MANOHAR SHINDE, an adult, aged about 57 years,

residing at- S.T. Road, Anand Nagar, behind B.M.C school, Nav Jeevan Mitra
Mandal Lal Dongar, Chembur, Mumbai 400071
Mumbai – 400 07, the Appellant above named to hereby state and declare
on solemn affirmation as under:-

1. I say that I repeat, reiterate, confirm and adopt each and every statement, in
the appeal memo as if the same were set out herein and part and parcel of
the Affidavit. I crave leave to refer to and rely upon the plaint.

2. I say that whatever stated in Para No. ____ to _____of the Appeal Memo is
true and correct to the best of my knowledge. Whereas whatever stated in
the Para No. ____ to ____ is based upon legal advice given by the
Advocate.

I am making this Affidavit in support of Appeal to submit before the

Hon’ble Authority of Grievances Redressal Committee to record the above
mentioned facts in their records.

Whatever stated hereinabove by me is true and correct to the best of my

knowledge and belie.

Solemnly affirmed at Mumbai

On this ____ day of Octo. 2023
 Appellant

Interpretated and explained in Marathi

And Identified by me

Advocate for Appellant