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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. - Rule. Mr.Shastri, learned AGP waives service for the respondent no.1. Mr.Patil, learned counsel waives service for the respondent nos.2, 3 and 4. Mr.Sakhalkar, learned counsel waives service for the respondent nos.5 and 6. Rule is made returnable forthwith.
2. 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 impugned order dtd. 9/2/2017, report dtd. 9/2/2017 and the notification dtd. 23/5/2018 issued by the respondents.
3. The petitioners also prayed for a writ of mandamus for an order and direction against the respondent no.2 - Slum Rehabilitation Authority (SRA) and the respondent no.3 - Chief Executive Officer (CEO) to first accord/offer a reasonable opportunity to the petitioners to redevelop the said land in accordance with the law under the provisions of Sec. 13(1) read with Sec. 3D(b)(iii) and Sec. 3B(4)(c) of Chapter IA of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short "the Slum Act"). Some of the relevant facts for the purpose of deciding this petition are as under :-
4. It is the case of the petiti
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 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 court reaffirmed a landowner's preferential right to redevelop slum areas under the Maharashtra Slum Act, necessitating notice to the owner before acquisition proceedings, rendering subsequent ac....
The court established that a notice under Section 13 is mandatory for the 120-day period to commence, affirming the landowner's preferential right to develop slum rehabilitation areas.
Landowners possess a primary preferential right to undertake redevelopment under rehabilitation schemes; however, this right is subordinate to statutory procedural compliance, including the mandatory....
State cannot acquire private land for slum rehabilitation without recognizing and allowing landowners' preferential rights to develop the land.
The court reaffirmed that the preferential right of a landowner over slum redevelopment schemes must be respected before any acquisition is initiated under relevant legislation.
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