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SURYA KANT, N. KOTISWAR SINGH
Tarabai Nagar Co-Op. Hog. Society (Proposed) – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. arguments on the legislative interpretation of the slums act. (Para 40 , 41 , 42) |
| 2. court's observations on preferential rights and necessity of notice. (Para 83 , 84 , 85 , 86 , 87) |
| 3. ratio decidendi regarding the validity of the acquisition. (Para 88 , 89 , 90 , 91 , 92 , 93 , 94 , 95 , 96 , 97 , 98 , 99 , 100 , 101 , 102 , 103 , 104 , 105 , 106) |
| 4. final conclusion and directions by the court. (Para 107 , 108 , 109) |
JUDGMENT :
SURYA KANT, J.
Leave granted.
2. The dispute which falls for consideration in these Civil Appeals pertains to the validity of the acquisition of land bearing CTS Nos. 119 I and 119 I/1-83 in Village Tungwa, Taluka Kurla, Mumbai, admeasuring 9,054 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 Judgments dated 13.06.2018 and 09.07.2018, has: (i) allowed the writ petition filed by the landowner; (ii) held the acquisition to be void; and (iii) directed the State of Maharashtra and the Slum Rehabilitation Authority (SRA) to invite the landowner and consider its proposal for redevelopment. The instant app
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.
State cannot acquire private land for slum rehabilitation without recognizing and allowing landowners' preferential rights to develop the land.
Slum rehabilitation – Private agreements cannot be enforced in Slum Rehabilitation Schemes as against statutory mandate of SRA.
The Slum Rehabilitation Authority can terminate a developer's appointment for inordinate delays in scheme implementation, emphasizing the developer's obligation to act proactively.
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 ....
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