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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, AARTI SATHE
New Shree Krishna SRA CHS, through Chief Promotor Shantaram Dajiba Kamble – Appellant
Versus
Slum Rehabilitation Authority, Mumbai – Respondent
JUDGMENT :
G.S. Kulkarni, J.
1. Rule. Rule is made returnable forthwith. By consent of the parties heard finally.
2. This is another unfortunate case, involving the Slum Rehabilitation Authority (`SRA’) which has reached this Court. The dispute in the proceedings is in regard to the preparation and finalization of Annexure-II in respect of a slum scheme which is being implemented, for the benefit of slum dwellers who have formed the Petitioner-the New Shree Krishna SRA Co-op. Housing Society Ltd. The slum scheme is being implemented on the acceptance of the Petitioner’s redevelopment proposal by the SRA vide its communication dated 16th February 2023 issued by the Executive Engineer-II, SRA. The same was issued in favour of the developer appointed by the Petitioner namely M/s.Modi Spaces LLP. Thus, the petitioners’ slum scheme on plot bearing CTS No.846 at village Kandivali, Taluka Borivali, Mumbai was granted by the SRA. It appears from the record that the land belongs to the State Government which is encroached by the slum dwellers. As usual the State Government is nowhere in the scene.
3. We may observe that by now it is a well accepted scenario that the State Government or Brihanmu
SRA officers must carry out their duties without political interference, respecting the rights of slum dwellers while implementing rehabilitation schemes.
The Slum Rehabilitation Authority can terminate a developer's appointment for inordinate delays in scheme implementation, emphasizing the developer's obligation to act proactively.
Slum rehabilitation – Private agreements cannot be enforced in Slum Rehabilitation Schemes as against statutory mandate of SRA.
The validity of General Body Resolutions (GBRs) for Slum Rehabilitation Scheme implementation is upheld, emphasizing that technical objections do not warrant interference unless clear illegality is e....
slum-dwellers who belong to the weaker sections of the society are to be rehabilitated by providing them reasonable housing thereby protecting them from eviction and distress warrants.
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....
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 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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