Back
A. S. GADKARI, KAMAL KHATA
Kamal Sevakram Jadhawani – Appellant
Versus
State of Maharashtra (to be served through Govt. Pleader, High Court, Bombay) – Respondent
Key Points: - The Petitioners, though removed as Developers under Section 13(2) Slum Act, retained locus to challenge the demolition and actions of the new Developer and SRA. (!) (!) (!) - The Court held the SRA and BMC actions mala fide and unlawful, including improper delegation of occupancy verification to the Developer and reliance on a private structural report; ruled that Section 353B notice was unlawful as the building was not 30 years old and outside SRA scheme context. (!) (!) (!) (!) (!) - The Court directed Respondent No.3 to earmark 856.60 sq mtrs in the new building for the Petitioners, with the Petitioners entitled to transit accommodation or compensation in the interim; Chamankar’s entitlement to area or market-rate compensation to be decided by SRA within six months. (!) (!) (!) (!)
JUDGMENT :
(Kamal Khata, J) :
1) Before us there are two interconnected Writ Petitions.
2) In Writ Petition No.747 of 2024, Petitioners-Jadhawani’s seek the following substantive reliefs:
b) this Hon’ble Court be pleased to stay the I.O.A. dated 10/02/2020 at Exhibit ‘M’ issued for Rehab Building No.1 for constructi
The court affirmed that removed Developers retain locus to challenge demolition actions, emphasizing the need for transparency and legality in the SRA and BMC's conduct.
The court ruled that the actions of the SRA and BMC in demolishing the building were unlawful and mala fide, affirming the Petitioners' rights to the earmarked free sale area despite their removal as....
Free sale rights under slum rehabilitation schemes are contingent upon fulfilling obligations; failure to do so results in loss of rights, and actions by authorities must adhere to legal standards.
Public landowner has preferential redevelopment rights on reserved slum land; conditional NOC cancellation valid for developer's failure to provide compliant plans for public amenities, subordinating....
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....
The CEO/SRA has the authority to terminate a Developer under Section 13(2) of the Slum Act for delays and non-performance in the Slum Rehabilitation Scheme, emphasizing timely completion for public b....
Unauthorized construction without proper permissions violates statutory laws; authorities must enforce demolition orders while compensating affected purchasers.
The Municipal Corporation's failure to comply with Court orders regarding illegal structures constitutes contempt, necessitating immediate action to uphold the rule of law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
