By Fiona Mehta
In the matter of Sunshine Builder and Developers vs. CEO/SRA before the Apex Grievance Redressal Committee (Appl. No. 91 of 2022), the Applicant is challenging order dates 29th June 2015 and the corrigendum dated 2nd July 2015 passed by Respondent CEO/SRA under Section 13(2) of the Maharashtra Slum Areas Act 1971 whereby the Applicant developer is blacklisted on record of SRA by Respondent.
The Applicant’s Advocate requested a committee to place the present Application on mentioning board for grant of urgent relief on the ground that black listing of the Applicant is civil death ad stigma without any reason. Thus, the principle of natural justice was not followed when the order was initially passed in 2015. The impugned order has not only restricted the Applicant from working in the S. R. Scheme but also it is affecting the overall status brand and goodwill of the Applicant as the Applicant has been forced to shut its entire business due to the stigma of blacklisting.
He then states that the wrongful act was done by he appointed Architect. Despite having no role and despite being victim of architect, Applicant has not submitted any Slum Scheme with the SRA since the last 7 years after passing of the impugned order. Therefore, the impugned order is against the right to do business which is a fundamental right given to the citizens of India under the Article 19(1)(g) of Part III of the Constitution of India.
Considering the submission made by the Applicant’s Advocate and considering the facts of the case, it appears that at the time of the approval of the subject S.R. scheme the Applicant developer has not made any misrepresentation before any Government Authority. The charge sheet filed by Police Station in 2017 found that the NOC received by misrepresentation from the Airport Authority is done by the Architect. Moreover, the order dated 5th February 2016 passed in Anticipatory Bail Application No. 150 of 2016 also clarifies the fact that Applicant have no role in representation to the Airport Authority of India.
Order: Considering the acts presented in Anticipator Bail Appl. No. 150 of 2016 and the judgement of Honorable Supreme Court of India above this Committee quash and sets-aside impugned order dated 29th June 2015 passed by the CEO/SRA. Therefore, the Applicant, Sunshine Builders and Developers, are no longer blacklisted.