Case Note & Summary
The litigation arose from writ petitions filed before the High Court of Judicature at Bombay challenging the implementation of a Slum Rehabilitation Scheme (SRS) on land bearing Survey No.502/A (part) at Village Panch Pakhadi, Taluka and District Thane. The petitioners, claiming to be tribals, opposed being treated as slum dwellers and sought quashing of the Notification dated 27 October 2016 declaring the land as Slum Rehabilitation Area, the Corrigendum dated 30 May 2018, Annexure-II, the Letter of Intent dated 7 December 2022, all permissions granted for the SRS, and eviction orders passed under Sections 33 and 38 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. They contended that the State Government had allotted individual plots of land to them or their ancestors in 1949, and the Collector granted permission for non-agricultural use in 1950. They also claimed that their names were deliberately not mutated in revenue records due to their social, educational and financial disadvantage, and they had approached the Maharashtra State Human Rights Commission, which closed the matter on 3 March 2008 after the Collector assured mutation. The Slum Rehabilitation Authority conducted a survey on 14 May 2015, issued a public notice on 3 June 2015, and the Slum Rehabilitation Scheme for Thane Municipal Corporation was approved and published on 17 March 2016 under Section 3B(3) of the Slum Act. The CEO/SRA issued a Notification under Section 3C(1) on 27 October 2016 declaring Survey No.502/A (Pt) as Slum Rehabilitation Area. Annexure-II dated 6 May 2022 recorded 1848 hutments. A Letter of Intent was issued on 7 December 2022 in favour of Respondent No.6-Developer, and permissions including IOD and commencement certificates were issued in 2023 and 2024. On 12 January 2024, CEO/SRA sought information from the Collector about alleged tribal allotment; the Tahsildar by letter dated 16 February 2024 stated that the land was never allotted to any tribal persons and sections 36 and 36A of the Maharashtra Land Revenue Code, 1960 were not applicable. The petitioners filed a representation before the Collector on 8 April 2024 for mutation. The developer sought vacant possession on 18 June 2024, and a revised LOI was issued on 21 June 2024. On 24 September 2024, the Competent Authority passed eviction orders under Sections 33 and 38 of the Slum Act. The petitioners' appeals before the Apex Grievance Redressal Committee (AGRC) were dismissed, with AGRC confirming eviction orders on 4 December 2024 and dismissing Appeal No.57 of 2024 on 12 March 2025. The matters were heard together by a Single Judge. The excerpt of the judgment provided does not include the court's analysis, reasoning, or final decision; therefore, the outcome of the writ petitions is not mentioned in the available text.
Issue of Consideration
Validity of Notification dated 27 October 2016 declaring land at Survey No.502/A as Slum Rehabilitation Area under Section 3C(1) of Maharashtra Slum Areas Act, 1971, especially on Gairan land; Validity of eviction orders passed by Competent Authority under Sections 33 and 38 of Maharashtra Slum Areas Act, 1971; Whether petitioners claiming to be tribal allottees are entitled to exclusion from Slum Rehabilitation Scheme or to be treated as owners; Correctness of AGRC order dated 12 March 2025 dismissing Appeal No.57 of 2024; Applicability of Sections 36 and 36A of Maharashtra Land Revenue Code, 1960 to land allotted to tribals.
