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R. D. DHANUKA, M. M. SATHAYE
A. H. Wadia Trust – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
R.D. Dhanuka, J. - By this Petition filed under Article 226 of the Constitution of India, the Petitioners have prayed for a Writ of Certiorari for quashing and setting aside the Notification dated 18th September, 2017 issued by Respondent Nos. 1 and 2 under the proviso to Section 14(1) read with paragraph A of sub-clause (i) of clause (c) of Section 3D of Chapter 1A of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short 'the Slum Act'), and subsequent Report dated 28th August, 2013 submitted by Respondent No.7 along with the purportedly issued the subsequent Show Cause Notice No. SRA/DC/T/D-4/Raza Ekta/ Hearing/ 2013/6 dated 22nd April, 2013.
2. The Petitioners have also prayed for a writ of Certiorari for quashing and setting aside the Report dated 27 th December, 2010 submitted by Respondent No.3 in respect of the said Show Cause Notice dated 22nd April, 2010 issued under the proviso to the Slum Act and the Notification dated 28th August, 2015 issued by Respondent No.7.
3. The Petitioners also seek a declaration that the above referred documents are in contravention of law and in breach of principles of natural justice.
4. By way of ame
The central legal point established in the judgment is that the lack of notice from the Respondents did not prejudice the Petitioners' rights, as they were unable to submit a redevelopment scheme due....
The main legal point established in the judgment is that the failure to submit a redevelopment scheme, despite an opportunity granted by the Slum Rehabilitation Authority, did not entitle the petitio....
The main legal point established in the judgment is the preferential right of the owner to redevelop the property under the Slum Act, the starting point for commencement of 'reasonable time' for rede....
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 ....
The court ruled that disputed questions of fact regarding land area and project delays are not suitable for Writ jurisdiction, emphasizing the need for timely completion of slum rehabilitation projec....
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