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2007 Supreme(Bom) 1569

SWATANTER KUMAR, S.C.DHARMADHIKARI, D.Y.CHANDRACHUD
Tulsiwadi Navnirman Coop. Housing Society Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Mr. S.U. Kamdar with Archana Panchal i/b.P.G.Desai for petitioners
Mr.K.K.Singhvi, Senior Advocate with S.S.Pakale and Aruna Savla for Mumbai Municipal Corporation.
Mr.T.N.Subramaniam, Senior Advocate for intervenors
Mr.Shrihari Aney, Senior Advocate with Sanjay Jain and N.M.Dhruva i/b. M.Dhruva and Company for respondent No.6
Mr.Ravi Kadam, Advocate General with K.R.Belosey, G.P. for State
Mr.Ravi Kadam, Advocate General with Mr.G.D.Utangale i/b. Utangale & Co. for S.R.A.

JUDGMENT

Per Dharmadhikari, J :-

These petitions are placed before the Full Bench after a detailed order was passed in W.P.No.1326 of 2007 on 27th July, 2007.

2. The Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971, (hereinafter referred to as "Slum Act" for short) came to be extensively amended in 1996-97 and 2001, introducing Chapter I-A therein. That Chapter is entitled "Slum Rehabilitation Scheme". Under that Chapter falls Section 3A. This provision is inserted with a view to establish a Slum Rehabilitation Authority (S.R.A. for short) for implementing Slum Rehabilitation Scheme. After this Chapter was introduced in the Slum Act and such Authority became functional for Brihanmumbai and its suburbs, that the S.R.A. decided to undertake and implement several rehabilitation schemes. The State took notice of proliferation of Slums on public lands and properties. Therefore, it decided to confer wide powers on the S.R.A. so that the public lands are cleared by S.R.A. acting in coordination with the local authorities. For that purpose, the State Government made appropriate amendments and inserted provisions in the planning and local laws. Insofar as, Mumbai



















































































































































































































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