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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, AARTI SATHE
Om Vishwashanti CHS (Proposed) – Appellant
Versus
Mumbai Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. litigation history and supreme court remand for review of noc cancellation. (Para 1 , 2 , 6) |
| 2. factual sequence of sr scheme proposal, noc issuance, and loi. (Para 3) |
| 3. prior high court dismissal due to alternate remedy and private dispute nature. (Para 4 , 5) |
| 4. parties' contentions on noc compliance, developer obligations, and landowner rights. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 5. landowner's preferential redevelopment rights prevail; developer non-compliance justifies noc revocation. (Para 13 , 16 , 17 , 18 , 19) |
| 6. precedents affirm bmc's superior rights over slum developers in sr schemes. (Para 14 , 15) |
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 submitt
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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....
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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....
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