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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J. JAMADAR, SANDEEP V. MARNE
Kalawati Bhimrao Thorat – Appellant
Versus
Chief Secretary of the Government of Maharashtra – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. Petitioners, who claim to be allottees/lessees of land for setting up commercial shops in Government Colony, Bandra (East), Mumbai, have filed these Petitions seeking their rehabilitation on account of demotion of their structures for transfer of the land by the State Government for construction of High Court building. Petitioners are demanding grant of alternate commercial premises of sizes equivalent to area in their respective occupation, within the project of redevelopment of the Government colony at Bandra. Though at the time of filing of the Petitions, cases of Petitioners were not being considered for allotment of any alternate premises, during pendency of the Petitions, they participated in the process for decision of their eligibility for implementation of Slum Rehabilitation Scheme and they have been held eligible for rehabilitation. They would accordingly secure permanent alternate commercial premises on ownership basis of about 225 sq. ft. each. Having secured right of allotment of commercial premises of about 225 sq. ft each, Petitioners now contend that they be treated differently than slum dwellers and be granted alternate premises of
Court upheld the status of petitioners as slum dwellers under the Slum Rehabilitation Scheme, denying claims for larger commercial premises due to expired lease rights and unauthorized expansions, em....
The court affirmed that the Petitioners, claiming tribal allotment rights, failed to prove ownership of the land, thus upholding the Slum Rehabilitation Scheme's implementation and eviction orders.
As per Scheme 2016, the petitioners are required to be alloted residential unit in a newly constructed housing society on the basis of public draw.
The court ruled that unlawful encroachers cannot claim rights under slum rehabilitation laws, reinforcing the supremacy of environmental protections and legal accountability.
Eviction of slum dwellers without due process violates fundamental rights, necessitating compensation and adequate housing provisions for affected individuals.
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.
Point of Law - Having been so sanctioned and become a part of the Act, same was not a subject-matter that could be gone into by this Court in a petition under Article 226 of the Constitution of India....
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