JUDGMENT - DAGA V.C., J.:—The petitioners, by this petition, are seeking a writ directing the respondents to remove encroachment on the land meant for public utility located in the Harijan colony being Plot Nos. 186, 187 and 111 at Jaripatka Nagpur.

The Facts And Submissions:

2.The petitioners during the pendency of the petition, amended this petition so as to challenge the Notification bearing No. SCM/NGP/78/3-8-78 dated 3-8-1978 issued under the provisions of Maharashtra Slum Area (Improvements, Clearance and Redevelopment) Act, 1971 ("the MHADA Act, 1976" for short) contending that the respondents could not have taken recourse to the provisions of the MHADA Act, 1976 but ought to have resorted to the provisions of Maharashtra Slum Areas (Improvements Clearances and Re-development Act, 1971 ("The Slums Act", 1971 for short) looking to the preambles thereof which clearly spell out that both legislations are meant for different purposes.

3.The learned Counsel for the petitioner contended that the object of the Slums Act, 1971 is to make better provision for improvement and clearance of slum areas in the State and for re-development and for protection of occupiers from eviction and dis

Click Here to Read the rest of this document