P. Sathasivam, J. - (1.) M/s. Trig Guards Force Ltd., New Bombay, aggrieved by the order dated 1.8.2002 passed in Writ Petition No. 3997 of 2002, Order dated 22.1.2003 passed in Review Petition No. 98 of 2002 in W.P. No. 3997 of 2002 and Order dated 17.2.2003 passed in Writ Petition No. 864 of 2003 by the High Court of Judicature at Bombay, has filed the above appeals by way of special leave petitions.
(2.) Brief facts are as follows : According to the appellant, they constructed commercial structures consisting of nearly 50-60 shops in a slum area known as Turbhe Slum, Turbhe Village facing Thane-Belapur Highway Road. One of their shops bearing No. 6104 was a single storey building/structure built in and was in existence long before 1.1.1995 i.e., the notified date fixed for protected structures under the Maharashtra Slums Clearance and Improvement Act, 1971 (hereinafter referred to as "the Slum Act") and as per the Government Resolution and Notification issued from time to time. The said building was assessed for Municipal Tax prior to 1.1.1995 and in this regard the assessment was carried out by the Assessment Department of Navi Mumbai Municipal Corporation. The said Bill shows that the assessment was levied from 1994-95 and there was electric connection in the said building since long. The area was constructed under Section 47 of the Slum Act. The provisions of Municipal Laws and other laws were not applicable in respect of the said shops/structures and have to be governed as per the provisions of the Slum Act. The Deputy Engineer, M.I.D.C. Division-II (Respondent No.3 herein) wanted to evict the appellant from the said shop with ulterior motive and mala fide intention. Behind the aforesaid shop/shops (on Turbhe Village Thane-Belapur Highway Road, there is a Hotel Centre Point. The said Hotel had no direct access on the Highway. Respondent No.3 with a mala fide intention to give direct access to respondent No.4 from eastern side of the Hotel i.e., directly on the Highway camouflaged a notice to demolish the structure on non-existing grounds. The said notice did not fulfil the mandatory requirement of at least 30 days notice as required under Section 53(1) of the MRTP Act. By the said notice, respondent No.3 without any enquiry as to whether there was existence of ground under Section 52(1) of MRTP Act, directed the appellant to demolish the structure/shop. When the appellant challenged the action of the official respondent on the basis of the lay out plan (which was not shown to them, their writ petition was dismissed by the High Court. Review Petition filed by the appellant was also dismissed on the same grounds. Meanwhile, on the application of the 4th respondent-Hotel Centre Point, an order was passed by the official respondent providing way to the main Highway after demolishing the shop/shops. Again the appellant approached the High Court by way of a writ petition namely, W.P. No. 864 of 2003. By order dated 17.2.2003, the Division Bench of the High Court placing reliance on its earlier order dated 1.8.2002 passed in W.P. No. 3997 of 2002, order dated 22.1.2003 passed in Review Petition No. 98 of 2002 and finding no merit, dismissed the said writ petition, hence, the present appeals before this Court.
(3.) Heard Dr. Rajiv Dhawan, learned senior counsel appearing for the appellant and Mr. Shyam Divan, learned senior counsel appearing for MIDC.;