2006 Supreme(Bom) 713

IN THE HIGH COURT OF BOMBAY
Om-Sai Darshan Cooperative housing Society
Versus
State of Maharashtra
Decided on, April 26, 2006

Headnote:Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 - Section 3-C(1) - Development Control Regulation for Greater Bombay, 1991, Regulation 33(10) - Meaning of slum - Either censused slums or slums declared as well as notified under the Slums Act of 1971 - Slums located on lands of Government, undertaking of Central or State Government and incorporated in records - Status of authorised slum given. - Censused means those slums located on lands belonging to Government, any undertaking of Government, or to Brihan Mumbai Municipal Corporation and incorporated in the records of the land owning authority as having been censused in 1976, 1980 or 1985 or prior to 1st January, 1995. Thus for the purpose of scheme under Regulation 33(10), the following areas are Slum Rehabilitation Areas; (a) any area which fulfils the conditions laid down in Section 4 of the Slum Act which is declared and notified as such and (b) slum rehabilitation area declared as such by the Slum Rehabilitation Authority fulfilling the conditions laid down in Section 4 of the Slum Act to qualify as slum area and/or required for implementation of any slum rehabilitation project. Regulation 33(10) contemplate s that there can be redevelopment of slums including pavements. The slums are defined by clause II. The slums mean either censused slums or slums declared and notified as such under the Slum Act. Clause II also defines the word censused which means slums located on lands belonging to Government, any undertaking of the Government or Mumbai Municipal Corporation and incorporated in records of the land owning authority as having been censused in 1976, 1980 or 1985 or prior to 1st January, 1985.

       Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 - Sections 3-C(1), 33 and 38 - Development Control Regulation for Greater Bombay, 1991, Regulation 33(10) - Slum Development Schemes - Sanction of - Notification issued, notification not a precondition for sanction of slum-development scheme duly governed by the Development Control Regulation for Greater Bombay Regulation, 33(10). - On plain reading of the Annexure to Regulation 33(10) it is obvious that for sanction of a scheme governed by the said Regulation in respect of a parcel of land, it is not necessary to have a declaration of the particular parcel of land as a slum rehabilitation area in exercise of power under Section 3-C(1) of the Slum Act. The Slum Rehabilitation Scheme can be sanctioned in respect of a slum as defined in Clause II of Annexure to Regulation 33(10). Under the said Annexure there can be a scheme for a viable stretch of pavement also. The Single Judge deciding Ramkali’s case was not concerned with a scheme under D.C. Regulation No. 33(10). The proposition laid down by him will have to be read as one confined to the situation before him. Question No. 1 is therefore answered in the negative. The question No. 2 has been also answered in the foregoing paragraphs.

       Development Control Regulation for Greater Bombay, 1991 - Regulation 33(10), Annexure II and Appendix IV - Slum rehabilitation - Sanction of scheme - Scheme sanctioned for society - Area concerned having slum bound to be brought under scheme and permanent accommodation is a liability of the organisation - After sanction of proposal, minority members are not allowed to form an other group inside the black of slum. - Once such a proposal is approved and is in force, the members who are in minority cannot purport to form a society and submit their own proposal. None of the eligible hutment dwellers have any right save and except a right to get an accommodation of 225 sq. ft. in the event the scheme under Regulation 33(10) is implemented. Their right is confined to securing accommodation on the basis of a pre-existing eligible structure and they cannot insist that the development should be carried out by a society which is of their choice especially when a valid proposal of a proposed society which is supported by 70 per cent of the eligible hutment dwellers has already obtained approval to the slum rehabilitation scheme. The Minister ’s direction has been appropriately dealt with by SRA in its communication. Question No. 3 framed earlier is therefore answered in the negative.