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25. Mumtaz Ahmad Shah v. Chief Executive Officer, Slum Rehabilitation Authority & Ors.
2026 LiveLaw (Bom) 353
July 22, 2026
Slum Rehabilitation – Eviction order – Duty of Competent Authority to implement eviction – absence of enforcement machinery no defence – SRA/MHADA required to ensure mechanism for execution of eviction orders. [Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Ss. 2(c), 3E, 33]
FACTS
The petitioner claimed possession of Flat which had been allotted to him. The Competent Authority had passed an order dated 4 July 2023 directing that possession of the premises be handed over to the petitioner. The petitioner approached the Bombay High Court under Article 226 seeking implementation of the eviction order. MHADA did not dispute that an eviction order had been passed but submitted that the Competent Authority did not possess the machinery necessary to execute it and had to depend upon the Slum Rehabilitation Authority (SRA). The SRA, in turn, submitted that the contractor previously engaged for execution of eviction orders was no longer available.
HELD
