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 appeals have, thus, been preferred by the proposed housing society of slum dwellers, the State of Maharashtra, and the SRA.

A. LEGISLATIVE SCHEME

3. Before delving into the facts of this case, it may be prudent to first consider the legislative scheme of the Slums Act.

4. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 was originally enacted by the Maharashtra State Legislature as “[an] Act to make better provision for the improvement and clearance of slum areas in the State and their redevelopment.”

A.1 Original Framework for Slum Redevelopment (1971)

5. In its original form, the Slums Act provided a procedure for appointment of a Competent Authority (Section 3); declaration by the Competent Authority of certain slums as ‘Slum Areas’ (Chapter II); improvements to be conducted in such Slum Areas by the landowner or the Competent Authority (Chapter III); clearing and redevelopment of the Slum Areas (Chapter IV); and the acquisition of land for such redevelopment (Chapter V).

6. Given the background of the instant appeals, it seems to us that, besides the definitions contained in Section 2 of the Slums Act, Chapters IV and V thereof also merit a more detailed consideration.

7. Section 2 contains the definitions of various terms and phrases used in the Slums Act:

“2. Definitions.– In this Act, unless the context otherwise requires ––

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(d) “land” includes building and also benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth;

(e) “occupier” includes,—

(i) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;

(ii) an owner in occupation of, or otherwise using, his land or building;

(iii) a rent-free tenant of any land or building;

(iv) a licensee in occupation of any land or building; and

(v) any person who is liable to pay to the owner damages for the use and occupation of any land or building;

(f) “owner”, when used with reference to any building or land, means the person who receives or is entitled to receive the rent of the building or land, if the building or land were let, and includes,—

(i) an agent or trustee who receives such rent on account of the owner;

(ii) an agent or trustee who receives the rent of, or is entrusted with, or concerned for, any building or land devoted to religious or charitable purpose;

(iii) a receiver, sequestrator or manager appointed by a court of competent jurisdiction to have the charge of or to exercise the rights of owner of the said building or land; and

(iv) a mortgagee-in-possession; but does not include, a slumlord;

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(h) “slum clearance” means the clearance of any slum area by the demolition