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Synopsis

A Division Bench of the Bombay High Court comprising Chief Justice Dipankar Datta and Justice Madhav J Jamdar, on Monday, directed the Slum Rehabilitation Authority (SRA) to file a reply in the PIL alleging a violation of law by the Slum Rehabilitation Authority.

The PIL alleges that permissions were granted by SRA to occupy the building without an occupancy certificate. The PIL also alleges a violation of FSI laws.

The court took note of the fact that the SRA, in its reply, only challenged the locus of the PIL and did not file a para-wise reply to the PIL. 

During the hearing, The Advocate appearing for Kirit Somaiya had objected to the locus of the PIL, to which the bench said,

"What if we take Suo moto? What is your submission? There is illegality brought to our notice."

While directing the SRA to file a reply, the bench noted that the locus of the PIL cannot be challenged since the co-ordinate bench of the High Court had converted the writ petition into PIL. The court noted that:

"Even otherwise, we are of the opinion, that if the petitioner did not have a locus, nothing prevents us from taking the matter suo moto. The allegations levied are such that we cannot turn a blind eye"

Case Title: Earth & Anr vs. Slum Rehabilitation Authority & Ors.