Back
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 :
1. Leave granted.
3. The instant appeals involve an in-depth analysis of the text as well as the legislative policy behind Chapter I-A of the Slums Act, specifically regarding the rights of landowners to redevelop a Slum Rehabilitation Area (SR Area) and the corresponding duties of the SRA. At the outset, we note that by a Judgment of even date, titled Tarabai Nagar Co-Op. Hog. Society (Proposed) vs. The State of Maharashtra and Others, Supreme Court of India, Civil Appeal arising out of Special Leave Petition (C) No. 19774 of 2018, Judgment dated 22.08.2025 a 2-Judge Bench of this Court, including one of us (Surya Kant, J.), has dealt with a substantial part of the arguments raised in these appeals. The Bench, therein, upheld the decision of another Division Bench of the High Court in Indian Cork Mills (P) Ltd. vs. State of Maharashtra, 2018 SCC Online Bom 1214 laying down that: (i) the pri
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 ....
Point of law: Co operative society - Encroachment of Land - Right to fair compensation - Concept of equity, justice and good conscience is part of Indian law and can be applied by the Courts in certa....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
