Case Note & Summary
The petitioners, claiming to be eligible slum dwellers, challenged the appointment of Respondent No.7 as developer for a Slum Rehabilitation Scheme on land owned by MCGM. They also challenged the rejection of their appeal by the Apex Grievance Redressal Committee and the NOC and Annexure-II issued by MCGM. The court identified two principal issues: (i) entitlement of 13 structure occupiers who are tenants of MCGM to vote and be included in Annexure-II, and (ii) manner of service of notice and conduct of the meeting dated 17 January 2023. On the first issue, the court held that tenants of MCGM are not eligible slum dwellers under the scheme and cannot vote or be included in Annexure-II. On the second issue, the court found that notice was served by affixation and publication, and the meeting was conducted properly. The court dismissed the petition, upholding the developer selection and the AGRC order.
Headnote
A) Slum Rehabilitation - Eligibility to Vote - Tenants of Municipal Corporation - The issue was whether 13 structure occupiers who are tenants of MCGM are entitled to participate in the voting process for selection of developer and be included in Annexure-II. The court held that tenants of MCGM are not eligible slum dwellers under the Slum Rehabilitation Scheme and cannot vote or be included in Annexure-II. (Paras 2, 10-15) B) Slum Rehabilitation - Service of Notice - General Body Meeting - The court examined the manner of service of notice for the meeting dated 17 January 2023. It found that notice was served by affixation on structures and by publication in newspaper, but there was no evidence of individual service on all eligible slum dwellers. The court held that the meeting was conducted in a proper manner and no interference was warranted. (Paras 2, 16-22) C) Slum Rehabilitation - Selection of Developer - Challenge to Minutes of Meeting - The petitioners challenged the Minutes of Meeting dated 17 January 2023 selecting Respondent No.7 as developer. The court upheld the selection, finding no procedural irregularity. (Paras 1, 23-25)
Issue of Consideration
Entitlement of 13 structure occupiers who are tenants of MCGM to participate in voting and be included in Annexure-II; manner of service of notice and conduct of meeting dated 17 January 2023 for selection of new developer.
Final Decision
The court dismissed the petition, upholding the selection of Respondent No.7 as developer and the order of the Apex Grievance Redressal Committee dated 5 June 2023.
Law Points
- Slum Rehabilitation Scheme
- Eligibility of tenants to vote
- Service of notice
- General Body Meeting
- Annexure-II
- Apex Grievance Redressal Committee
