2025:BHC-AS:6427
                                                                                           69-wp7598-2023.doc


                             AGK
                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION

                                                    WRIT PETITION NO.7598 OF 2023


                             Narmada Lalchand Rajbhar                       … Petitioner
                                        V/s.
                             Additional Collector & Ors.                    … Respondents



                             Mr. Aniesh Jadhav with Mr. Pradeep Gaikwad and Mr.
                             Shyam K. Singh for the petitioner.
      ATUL
                             Ms. Priyanka Chavan for respondent No.1-State.
      GANESH
      KULKARNI               Mr. R.Y. Sirsikar for respondent No.2-MCGM.
      Digitally signed by
      ATUL GANESH
      KULKARNI
      Date: 2025.02.10
      18:20:51 +0530
                             Mr. Dharam Jumani with Ms. Chandrika Prajapati and
                             Ms. Sejal Padaya i/by Chandrika Prajapati for
                             respondent No.3.
                             Ms. Tanaya Goswami for respondent No.5-GRC.


                                                             CORAM    : AMIT BORKAR, J.

                                                             DATED    : FEBRUARY 10, 2025
                             P.C.:

                             1.      In the instant writ petition, the petitioner challenges the
                             impugned order passed by the Grievance Redressal Committee in
                             Appeal No. 177 of 2022, which was filed under Section 35(1A) of
                             the Maharashtra Slum Areas (Improvement, Clearance and
                             Redevelopment) Act, 1971. The contention arises from the
                             Committee’s denial of relief on the ground that the petitioner’s
                             father-in-law is the holder of a structure under the slum
                             rehabilitation scheme.




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 2.      The petitioner submits that she is the holder of the structure
 bearing No. 530, whereas her father-in-law is in possession of a
 different structure bearing No. 314. This factual delineation is
 critical to the determination of the petitioner’s eligibility for the
 benefits under the scheme.

 3.      A perusal of the relevant Government Resolution reveals that
 the benefits under the housing schemes are conferred solely upon
 designated family members, the term “family” being defined
 expressly to include the husband, or wife, or his or her minor
 daughter or son. In the present matter, considering the statutory
 definition of “family” and the nature of the relationship between
 the petitioner and her father-in-law, it is contended that the fact
 that the father-in-law holds a structure cannot be construed as a
 disqualification to bar the petitioner from seeking her entitlement
 under the provisions of the Maharashtra Slums Act.

 4.      Moreover, the learned Counsel for the Municipal Corporation
 has averred that the structure held by the petitioner is distinct and
 separate from that held by her father-in-law. In view of this
 clarification, the impugned order issued by the Appellate Authority
 is rendered untenable and must accordingly be set aside.

 5.       In light of the foregoing considerations, the impugned order
 dated 23rd November 2022, passed in Appeal No. 177 of 2022, is
 hereby quashed and set aside.

 6.      Rule is made absolute in terms of prayer clause (b). No costs.



                                                 (AMIT BORKAR, J.)



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