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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G. S. Kulkarni, Aarti A. Sathe, JJ
NESCO Limited – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. challenge to land acquisition under slum act. (Para 2 , 3 , 5) |
| 2. reaffirmation of property owners' rights in redevelopment. (Para 11 , 12 , 18) |
| 3. summary of court's ruling on land acquisition. (Para 20 , 22) |
JUDGMENT (PER G. S. KULKARNI, J.)
1. Rule returnable forthwith. Respondents waive service. Heard finally by consent of the parties.
2. This petition under Article 226 of the Constitution of India essentially challenges the acquisition of the petitioner’s land being property bearing CTS No.176(part) and CTS No.184 admeasuring 721.1 sq.meters and 791.7 sq.meters respectively situated at Village Goregaon (East), Mumbai (for short ‘the said land”) under the provisions of Section 14 (1) of the the Maharashtra Slum. Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short ‘the Slum Act’), being arbitrary, illegal and unconstitutional.
3. The primary challenge as urged on behalf of the petitioner is that the land is admittedly private land on which there were hutments and which came to be declared as ‘Slum Rehabilitation Area’ under the provisions of Section 3C (1) of the Slum Act. The petitioner contends that the same could not have been acquired without
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