IMPORTANT POINTS
It is not necessary to notify an area as slum before proceeding under Chapter 1-A.
“Any slum area” in Section 12 not confined to area notified under Section 4(1).
There being no requirement u/s 3C of notice prior to declaration, section 36 is not attracted.
Even encumbered area can be declared as a rehabilitation area if required by the Authority for implementation of the Scheme.

JUDGMENT :

L. NAGESWARA RAO, J.

1. In exercise of the power under Section 3C of the Maharashtra Slums Areas (Improvement, Clearance and Redevelopment) Act, 1971 (hereinafter referred to as “the Act”), Respondent No.1 declared 5168.50 sq. mts. in Survey Nos. 27 and 28 (Part) at Ramwadi Wadgoan Sheri, Pune as Slum Rehabilitation Area by an Order dated 24.05.2006. The Slum Clearance Order under Section 3D of the Act was passed in respect of the aforementioned land on 01.09.2009. The above orders were subject matter of challenge before the Maharashtra Slum Areas (IC & R) Tribunal, Mumbai in Appeal Nos.24 and 25 of 2014. The Appeals were partly allowed by the Tribunal. The aforementioned orders dated 24.05.2006 and 01.09.2009 were set aside only in respect of 1045.50 sq. mts. out of 5168.50 sq. mts. The order of the Tribunal was challenged by Respondent Nos. 1 and 2 in the High Court by filing a Writ Petition. The owner of the land, Respondent No.3 also filed a Writ Petition in the High Court questioning the legality of the order of the Tribunal. The High Court allowed both the Writ Petitions and set aside the order of the Tribunal. The High Court further declared that the slum rehabilitation area declaration and the slum clearance order would apply to the entire area of 5168.50 sq. mts. Dissatisfied with the judgment of the High Court, the Appellants are before us.

2. Respondent No. 3 is the owner of the land in Survey Nos.27, 28 and 29 admeasuring 12,381 sq. mts. at Wadgaon Sheri, Pune. An area of 4123 sq. mts. in Survey Nos. 27 and 28 was declared as a “Slum” under Section 4(1) of the Slum Rehabilitation Act, 1971 on 10.11.1983. Pursuant to the recommendation made by Afzalpurkar Committee to establish an independent authority for rehabilitation of slum dwellers, the Act was amended incorporating Chapter I-A by Act 4 of 1996.

3. Respondent No.3 filed RCS No.365 of 2000 seeking eviction of Appellant No.1’s husband. Initially, Respondent No.3 averred in the suit that the Appellants were required to be evicted after permission was granted by the competent authority since the area occupied by Appellants was declared as a slum area. Respondent No.3 filed an Application for amendment of the plaint in which it was stated that the permission of the competent authority to initiate eviction proceedings against the Appellants was not required as the area under occupation of the Appellants was not a slum area. The Application for Amendment was allowed by the Small Causes Court, Pune by an order dated 06.02.2006.

4. On 24.05.2006, Respondent No.1 passed an order declaring 5168.50 sq. mts. in Survey Nos.27 and 28 (Part) at Wadgaon Sheri (Ramwadi), Pune as a slum rehabilitation area. It was mentioned in the said order that 4123 sq. mts. falling within Survey Nos.27 and 28 (Part) was already declared as a slum area on 10.11.1983. By adding 1045.50 sq. mts. of undeclared area with 4123 sq. mts. of declared area, the area of the Scheme was shown as 5168.50 sq. mts. Thereafter, an order was passed by Respondent No.2 under Section 3D read with Section 12(4) of the Act on 01.09.2009 declaring 5168.50 sq. mts. in Survey Nos. 27 and 28 (Part) as Slum Clearance Area. The Appellants filed C.S.No.97 of 2013 before the City Civil Court, Pune, for declaration that the property in dispute was not a slum area and that Respondent No.1 lacked jurisdiction to declare the area as a slum. Respondent No.1 appeared before the court and produced the Orders dated 24.05.2006 and 01.09.2009 passed under Section 3C and 3D of the Act. Thereafter, the Appellants filed Appeal Nos. 24 and 25 of 2014 questioning the Orders dated 24.05.2006 and 01.09.2009. As stated above, the Tribunal partially allowed the Appeals and set aside the Orders dated 24.05.2006 and 01.09.2009 to the extent of 1045.50 sq. mts. of land.

5. The Appellants were found by the Tribunal to be occupants of tenements in the disputed area and therefore, are persons aggrieved as contemplated under Section 3C(2) of t