Court Slams “Abuse of Process,” Orders Probe into Unauthorised Slum School
Mumbai, October 16, 2025: In a strongly-worded judgment, the Bombay High Court has dismissed a review petition filed by a doctor in a slum rehabilitation case, imposing a heavy cost of ₹5 lakh and initiating contempt of court proceedings against her for “suppression of material facts” and “abuse of the judicial process.”
A division bench of Justice Kamal Khata and Justice A.S. Gadkari found that the petitioner, Dr. Mumtaz H. Khoja, had deliberately concealed crucial information to mislead the court and claim benefits to which she was not entitled.
Background of Case
The case originated from a Writ Petition (No.773 of 2023) filed by Dr. Khoja against the Slum Rehabilitation Authority (SRA) and a developer, M/s. Pioneer India Developers. She sought a direction to allot her a rehabilitation tenement and claimed arrears of transit rent from 2009 onwards, alleging she had been left out of the allotment process.
After her initial petition was dismissed in February 2024, the Supreme Court granted her liberty to file a review petition, which led to the present proceedings.
The Court’s Findings and Severe Criticism
- Multiple Illegal Occupancies: Contrary to her claim of being a deprived senior citizen, the court found Dr. Khoja, a practicing doctor, was in illegal possession of not one, but three structures in the slum: one for residence, one for her clinic, and a third to run a school under a trust she chaired, collectively occupying over 2,200 sq. ft.
- Deliberate Suppression of Facts: The court held that she filed two separate petitions for the “residential” structure and the “school” structure, portraying them as independent entities to claim multiple benefits, while deliberately concealing this fact from the court.
- False Narratives: Her claim that she was never provided transit accommodation was found to be false. The court noted she was already in possession of multiple alternative premises, including a commercial shop allotted as far back as 2006, and had refused to vacate one of the rooms despite being provided another.
- Fabricated Evidence: The court dismissed documents produced by her as “ex facie bogus,” pointing out that receipts for occupation were suspiciously issued by a society to unnamed individuals and even mentioned “poultry songs.”
Conclusion and Directives
The court dismissed the review petition, stating that the petitioner’s conduct “amounts to abuse of process” and that she had “played hide and seek” with the court.
The bench passed the following strict orders:
- Heavy Costs: Dr. Khoja must pay ₹5,00,000 as costs to the Armed Forces Battle Casualties Welfare Fund within two weeks. Failure to pay will lead to the recovery of the amount as land revenue arrears, including the attachment and sale of her properties.
- Contempt Proceedings: The Court Registry was directed to issue a show-cause notice to Dr. Khoja, asking why contempt of court proceedings should not be initiated against her for abusing the process of the court. The notice is returnable on November 15, 2025.
- Probe into Unauthorised School: Expressing grave concern for children’s safety, the court directed the BMC and SRA to conduct an inquiry into how the trust was permitted to run a school for 150 students in an unsafe slum structure without necessary permissions, including a fire NOC.
The judgment underscores the judiciary’s low tolerance for litigants who suppress facts and attempt to misuse equitable jurisdiction, while also highlighting administrative lapses in regulating slum rehabilitation schemes and unauthorized structures.
Case Title: Mumtaz H. Khoja vs. The Chief Executive Officer, Slum Rehabilitation Authority & Anr.
Case Number: Review Petition No. 18 of 2025 in Writ Petition No. 773 of 2023
For Petitioner: Mr. Aseem Naphade, along with Advocates Saurabh Utangale and Vedant Joshi, instructed by Adv. Rohan Sawant.
For Respondent No.1: Ms. Ravleen Sabharwal, instructed by R.S. Justicia Law Chambers.
For Respondent No.2: Mr. Mayur Khandeparkar, along with Advocates Mayur Singh, Santosh Pathak, and Deepesh Kadam.
