The provisions of different statutes can be reconciled with each other and their aims and objects harmonized to give effect to the legislative intent and achieve the desired objectives.

Headnote:
SLUM AREAS (IMPROVEMENT, CLEARANCE AND RE-DEVELOPMENT) ACT, 1971 - MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 - MAHARASHTRA SLUM IMPROVEMENT BOARD ACT, 1973 - Declaration of slum area - Reservation of property for public purpose - Interpretation of statutes - Harmonious construction - Effect of declaration on property rights - Legality and validity of declaration - Scope of judicial review.
Fact of the Case:

The State of Maharashtra challenged the legality and validity of an order passed by the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Tribunal, which set aside a declaration made by the competent authority under the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971, declaring a certain property to be a slum area. The Tribunal held that the declaration was invalid as it went against the development plan, which reserved the property for a play-ground.
Finding of the Court:

The High Court held that the impugned declaration was legal and valid and that it did not countermand the development plan or nullify the reservation of the property for a play-ground. The Court found that the provisions of the three relevant statutes, namely, the Maharashtra Regional and Town Planning Act, 1966, the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971, and the Maharashtra Slum Improvement Board Act, 1973, could be reconciled with each other and that their aims and objects could be harmonized. The Court also held that the declaration did not affect the property rights of the owner and that it did not legalize anything that was otherwise illegal.
Issues: 1. Whether the declaration of the property as a slum area was valid and legal despite the reservation of the property for a play-ground in the development plan? 2. Whether the provisions of the three relevant statutes could be reconciled with each other and their aims and objects harmonized? 3. Whether the declaration affected the property rights of the owner or legalized anything that was otherwise illegal?
Ratio Decidendi: 1. The Court held that the declaration of the property as a slum area was valid and legal despite the reservation of the property for a play-ground in the development plan. The Court found that the provisions of the three relevant statutes could be reconciled with each other and that their aims and objects could be harmonized. The Court also held that the declaration did not affect the property rights of the owner and that it did not legalize anything that was otherwise illegal. 2. The Court found that the provisions of the three relevant statutes, namely, the Maharashtra Regional and Town Planning Act, 1966, the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971, and the Maharashtra Slum Improvement Board Act, 1973, could be reconciled with each other and that their aims and objects could be harmonized. The Court held that the declaration did not countermand the development plan or nullify the reservation of the property for a play-ground. 3. The Court held that the declaration did not affect the property rights of the owner and that it did not legalize anything that was otherwise illegal.
Final Decision: The High Court set aside the order of the Tribunal and confirmed the declaration made by the competent authority under the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971, declaring the property to be a slum area.

JUDGMENT - S.C. PRATAP, J.:---By this petition under Articles 226 and 227 of the Constitution, the petitioner-the State of Maharashtra seeks to challenge the legality and validity of the order dated 22nd July, 1974; passed by the Maharashtra Slum Areas Improvement, Clearance and Re-development) Tribunal (herein-after the Tribunal) in appeal No. 3 of 1973 preferred before it by respondent No. 1 herein under section (4)3 of the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971, against the declaration dated 16th August, 1973 made by the competent authority under which declaration the property in dispute was declared to be a slum area.

2. This petition involves consideration of some of the provisions of three State enactments viz., the Maharashtra Regional and Town Planning Act, 1966, hereinunder referred as the 1966, Act, the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971 hereinafter referred to as the 1971, Act and the Maharashtra Slum Improvement Board Act, 1973, hereinafter referred to as the 1973, Act.

3. Circumstances under which dispute involved in the present petition area have been as follows. Situated in Poona City were two plots viz., Final Plot Nos. 55 and 56 at Mangalwar Peth. These two plots were amalgamated and on amalgamation, the same were constituted as C.S. No. 449, Mangalwar Peth, Poona. The said property was the ancestral property of respondent No. 1 herein and his uncle. Area of the aforesaid property was divided into eleven sub-plots and in the final decree partition proceedings, sub-plot Nos. 5 to 8 and 10 and 11 came to be allotted to the share of respondent No. 1 herein Mahadeo Pandharinath Dhole. This allotted property is the subject matter of this petition. On 8th July, 1966, the State Government sanctioned a development plan relevant for the purpose of this petition. This development plan was sanctioned under the provisions of section 31 of the 1966 Act and the same came into effect from 15th August, 1966. Under the said plan, the property in dispute herein stood reserved for a play-ground.

4. Sometime later in the year 1971, the State Legislature enacted the 1971 Act mentioned hereinabove. This 1971 Act was enacted with a view to make better provision for the improvement and clearance of slum areas in the State and their re-development and for matters connected therewith, vide the preamble to the said Act. Thereafter, the State Legislature enacted yet another statute viz., the 1973 Act aforesaid. This 1973 Act received the assent of the President on 26th April, 1973. The aims and objects of the said Act can best be seen from its very preamble which runs as follows :---

"WHEREAS, several slums have sprung up and continue to exit in the various areas of the State;

AND WHEREAS, despite continued efforts by legal authorities, Housing Boards, Improvement Trusts and other bodies to remove the slums, and to rehouse and resettle the slum dwellers in housing colonies and the like, it has not been possible to keep pace with the necessities of the situation;

AND WHEREAS, existing slums are becoming a source of danger to the health, safety and convenience of the slum dwellers and also to the surrounding areas, and generally a source of nuisance to the public;

AND WHEREAS, until such time as those slums are removed and the persons settled and housed in proper buildings, it is necessary to provide the basic necessities, such as water, sanitary arrangements, light etc., to the slum dwellers; and for the purpose of more effectively and most speedily providing these amenities, it is now expedient to set up a Slum Improvement Board; and to provide for matters connected with the purpose aforesaid. It is hereby enacted in the Twenty-fourth Year of the Republic of India as follows :---

5. On 16th August, 1973, the competent authority herein declared the property in dispute herein to be a slum area under section 4 of the 1971 Act. This declaration was challenged by resp

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