B.R. Gavai, J. - (1.) Both these Special Leave Petitions are challenging the judgment and Order dated 20th January, 2014 passed by Division Bench of the Bombay High Court of Judicature at Bombay in Writ Petition No. 1595 of 2009 along with Notice of Motion No. 205 of 2011 and Writ Petition No. 1596 of 2009 along with Notice of Motion No. 206 of 2011.
(2.) The facts in brief leading to the present special leave petitions are as under. The petitioner in SLP (C) No. 6070 of 2014 is a society (hereinafter referred to as "Adarsh") of slum dwellers of plot bearing CTS No. 601, having a total area admeasuring 704.30 sq. mts. The petitioner in SLP (C) No. 6204 of 2014 is a society (hereinafter referred to as "Saidham") of slum dwellers of plots bearing CTS Nos. 595, 596 and 602 having a total area admeasuring 2247.20 sq. mts. The respondent no. 5 in both the special leave petitions, namely, Maruti Nagar Co-operative Housing Society, is also a society of slum dwellers (hereinafter referred to as "Maruti") situated on plots bearing CTS Nos. 585, 604 and 605, having a total area admeasuring 6627.50 sq. mts. The said plots on which the aforesaid three slums are situated are owned by the Municipal Corporation of Greater Mumbai, Respondent no. 4 in both the special leave petitions (hereinafter referred to as "the Corporation"). The General Body of Maruti (Respondent no. 5 herein) had passed a resolution regarding implementation of Slum Rehabilitation Scheme and appointed a developer. Thereafter, on 06th September, 2005, Maruti submitted a proposal for a Scheme of rehabilitation of slum dwellers. In furtherance of the proposal submitted by it, respondent Nos. 3 and 4 initiated proceedings for verifying Annexure-II, i.e. list of eligible and non-eligible slum dwellers. On 8 th March, 2006, the Corporation forwarded Annexure-II to Slum Rehabilitation Authority (hereinafter referred to as the "SRA"). However, it appears that, thereafter, several complaints were received regarding frauds being committed in the preparation of Annexure-II. The SRA passed an order on 20th December, 2006 observing therein, that Annexure-II was issued on account of bogus and fraudulent documents filed by Maruti. The Corporation, therefore, cancelled Annexure-II.
(3.) In the meantime, both the petitioners, Adarsh as well as Saidham, had submitted Slum Rehabilitation proposals, in respect of slum dwellers on the plots mentioned hereinabove along with the consent of the slum dwellers and a General Body resolution. The SRA after considering the proposal of the petitioners, directed acceptance of the scrutiny fee, which is duly paid by both of them. On 11th July, 2008 the Assistant Municipal Commissioner addressed a communication to the SRA stating therein, that after calling required documents from Maruti they would scrutinize and process a revised Annexure-II on merits. In response to the said communication, the SRA informed the Corporation about the letter of the Corporation dated 16th September, 2006 by which they had informed that Annexure-II issued to Maruti stood cancelled on account of fraud. On 29th July, 2008 the SRA addressed a letter requesting the Corporation to scrutinize the draft Annexure-II submitted by the Petitioners. On 6th October 2008, SRA informed the Corporation that the proposal of the Petitioners for issuance of Annexure-II be held to be treated as acceptable. It was also informed that since the proposal of Maruti had already been rejected, the question of issuing any Annexure-II in its favour did not arise.;