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J. B. PARDIWALA, K. V. VISWANATHAN
Jyoti Builders – Appellant
Versus
Chief Executive Officer – Respondent
| Table of Content |
|---|
| 1. appeal arises from prior judicial orders. (Para 2 , 3 , 4) |
| 2. subject property characterized as slum area. (Para 5 , 6 , 7) |
| 3. acquisition history and prior agreements. (Para 8 , 9 , 10 , 11) |
| 4. rehabilitation activities undertaken. (Para 12 , 13 , 14 , 15 , 16) |
| 5. legality of orders from ceo-sra. (Para 17 , 18 , 19 , 20) |
| 6. legal standards for acquiring land. (Para 21 , 22) |
| 7. judgment of the high court highlighted. (Para 23 , 24) |
| 8. injunctions affecting redevelopment plans. (Para 25 , 26) |
| 9. details about retaken legal positions. (Para 27 , 28 , 29 , 30) |
| 10. legal analysis hinges on property rights. (Para 54 , 55 , 56) |
| 11. conclusion drawn from legal arguments. (Para 70 , 71 , 72) |
JUDGMENT
J.B. PARDIWALA, J. :
1. Leave granted.
2. This appeal arises from the judgment and order passed by the High Court of Judicature at Bombay (Original Ordinary Civil Jurisdiction) dated 18.12.2024 by which the writ petition filed by the appellant herein seeking to challenge the orders passed by the respondent No. 1 herein dated 03.10.2022 and respondent No. 3 herein dated 07.10.2024 respectively came to be dismissed.
3. Over and above the challenge to the two orders referred to above, the app
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.
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 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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