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SURYA KANT, UJJAL BHUYAN
Saldanha Real Estate Private Limited – Appellant
Versus
Bishop John Rodrigues – Respondent
| Table of Content |
|---|
| 1. validity of land acquisition under slums act. (Para 2 , 3 , 4) |
| 2. historical context and development proposals. (Para 11 , 12 , 13) |
| 3. interpretation of legal amendments and implications. (Para 16 , 20 , 26) |
| 4. determined preferential rights of landowners. (Para 37 , 53) |
JUDGMENT :
SURYA KANT, J.
1. Leave granted.
2. The dispute under consideration in these Civil Appeals concerns the validity of the acquisition of a portion of land located at CTS No. B-960 in Village Bandra, Taluka Andheri, Mumbai, measuring 1,596.40 sq. m. (Subject Land) under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Slums Act). The High Court of Judicature at Bombay (High Court), vide the Impugned Judgment dated 11.06.2024, has: (i) allowed the writ petition filed by the landowner, declaring the acquisition void and (ii) directed the Slum Rehabilitation Authority (SRA) to consider the proposal of the landowner for redevelopment. The instant appeals have thus been preferred by the proposed housing society of slum dwellers, the developer selected by the said society, and the SRA.
3. The instant appeals involve an in-depth analysis of the text as well as the legisla
State cannot acquire private land for slum rehabilitation without recognizing and allowing landowners' preferential rights to develop the land.
The court established that a notice under Section 13 is mandatory for the 120-day period to commence, affirming the landowner's preferential right to develop slum rehabilitation areas.
The court reaffirmed that the preferential right of a landowner over slum redevelopment schemes must be respected before any acquisition is initiated under relevant legislation.
The main legal point established in the judgment is that once land is acquired by the State Government under the Maharashtra Slum Areas Act, it vests absolutely in the State Government free from all ....
Public landowner has preferential redevelopment rights on reserved slum land; conditional NOC cancellation valid for developer's failure to provide compliant plans for public amenities, subordinating....
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