Case Note & Summary
The petitioners, A.H. Wadia Trust and its trustees, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 30th September 2016 passed by the Slum Rehabilitation Authority (SRA) declaring the trust property as a slum and directing rehabilitation of slum dwellers. The trust property is a public charitable trust registered under the Maharashtra Public Trusts Act, 1950. The SRA had passed the order without obtaining prior permission of the Charity Commissioner under Section 36 of the Maharashtra Public Trusts Act, 1950, which requires prior sanction for any alienation or transfer of trust property. The petitioners contended that the SRA order was without jurisdiction and violative of the Trusts Act. The respondents, including the State of Maharashtra and SRA, argued that Section 13(2) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 overrides the Trusts Act and no prior permission is required. The court analyzed the provisions of both Acts and held that Section 13(2) of the Slum Act does not expressly or impliedly repeal Section 36 of the Trusts Act. The two Acts operate in different fields: the Trusts Act protects trust property, while the Slum Act deals with slum rehabilitation. There is no inconsistency between the two provisions. The court further held that the SRA cannot declare a trust property as a slum or pass rehabilitation orders without prior permission of the Charity Commissioner. The impugned order was quashed and set aside. The court directed the SRA to approach the Charity Commissioner for permission if it wishes to proceed with any rehabilitation scheme on the trust property.
Headnote
A) Trust Law - Slum Rehabilitation - Section 36 of Maharashtra Public Trusts Act, 1950 - Prior Permission of Charity Commissioner - The Slum Rehabilitation Authority declared a trust property as a slum and passed rehabilitation orders without obtaining prior permission of the Charity Commissioner under Section 36 of the Maharashtra Public Trusts Act, 1950. The Court held that such orders are without jurisdiction and liable to be quashed. (Paras 1-9) B) Slum Rehabilitation - Section 13(2) of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 - Overriding Effect - The Court held that Section 13(2) of the Slum Act does not override the requirement of prior permission under Section 36 of the Maharashtra Public Trusts Act, 1950, as the two Acts operate in different fields and there is no inconsistency. (Paras 10-15) C) Constitutional Law - Article 226 - Writ of Certiorari - The Court held that a Writ of Certiorari lies against orders of the Slum Rehabilitation Authority which are without jurisdiction or in violation of statutory provisions. (Para 1)
Issue of Consideration
Whether the Slum Rehabilitation Authority can declare a public trust property as a slum and pass rehabilitation orders without obtaining prior permission of the Charity Commissioner under Section 36 of the Maharashtra Public Trusts Act, 1950.
Final Decision
The court quashed and set aside the impugned order dated 30th September 2016 passed by the Slum Rehabilitation Authority. The court held that the SRA cannot declare a trust property as a slum or pass rehabilitation orders without prior permission of the Charity Commissioner under Section 36 of the Maharashtra Public Trusts Act, 1950. The SRA was directed to approach the Charity Commissioner for permission if it wishes to proceed with any rehabilitation scheme on the trust property.
Law Points
- Slum Rehabilitation Authority cannot declare trust property as slum without Charity Commissioner's permission under Section 36 of Maharashtra Public Trusts Act
- 1950
- Section 13(2) of Maharashtra Slum Areas (Improvement
- Clearance and Redevelopment) Act
- 1971 does not override Section 36 of Maharashtra Public Trusts Act
- Doctrine of implied repeal not applicable
- Writ of Certiorari lies against SRA orders
