Back
JUDGMENT :
AARTI SATHE, J.
1. This Petition under Article 226 of the Constitution of India has been filed praying for the following substantive reliefs:-
“(a) To admit the present Writ Petition and issue Rule.
(b) That by a writ of mandamus, writ in the nature of mandamus or any other writ, order and direction, the Order dated 10.1.2024 passed by the Respondent No.4, copy of which is at EXHIBIT 'O' to this petition may kindly be quashed and set aside and by the same order the Respondent Nos. 1, 2, 4 and 5 may kindly be directed to sanction the building proposal submitted by the Petitioners on 08.1.2024 and permit the Petitioners to commence and complete the construction of the building in accordance with that proposal.
(c) By a suitable order interim effect, operation and implementation of the Order dated 10.1.2024 copy of which is at EXHIBIT 'Q' to the petition may be kindly stayed during pendency of this petition.”
2. This is the second round of litigation before this Court challenging the order dated 10th January 2024 passed by Respondent No. 4-The Additional Municipal Commissioner, Mumbai Municipal Corporation cancelling the No Objection Certificate (NOC) dated 31st December 2021 giv
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.
State cannot acquire private land for slum rehabilitation without recognizing and allowing landowners' preferential rights to develop the land.
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 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.
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.
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
