Case Note & Summary
The judgment pertains to a group of writ petitions filed by occupants of structures in slum areas in Mumbai, challenging the demolition of their dwellings by the Municipal Corporation of Greater Mumbai (MCGM). The petitioners claimed that they were in possession of the structures prior to the cut-off date of 01.01.1995 and were therefore entitled to rehabilitation under the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971 and the Development Control Regulations, 1991. The MCGM had demolished the structures without issuing any notice or providing an opportunity of hearing, allegedly for the purpose of a redevelopment project. The court examined the provisions of the Act, particularly Section 33, which requires a declaration of a slum area and a scheme for improvement or clearance before any demolition can take place. The court held that the petitioners were in possession prior to the cut-off date and were entitled to rehabilitation. The demolition without following the procedure under Section 33 was illegal and violative of natural justice. The court directed the MCGM to provide alternate accommodation or compensation to the eligible petitioners and to follow due process in future demolitions. The petitions were allowed with directions.
Headnote
A) Slum Rehabilitation - Cut-off Date - Eligibility for Rehabilitation - Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971, Section 33 - The court considered whether occupants in possession prior to 01.01.1995 are entitled to rehabilitation. Held that the cut-off date for eligibility is 01.01.1995 as per the Development Control Regulations, 1991 and the MHADA Act, 1976, and that the petitioners who were in possession prior to that date are entitled to rehabilitation. (Paras 10-15) B) Slum Rehabilitation - Demolition Without Notice - Right to Hearing - Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971, Section 33 - The court examined whether the Municipal Corporation could demolish structures without issuing notice or providing an opportunity of hearing. Held that demolition without following the procedure under Section 33 of the Act is illegal and violative of natural justice. (Paras 16-20) C) Slum Rehabilitation - Rehabilitation Package - Entitlement of Occupants - Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971, Section 33 - The court determined the rehabilitation package for eligible occupants. Held that the petitioners are entitled to alternate accommodation or compensation as per the scheme of the Act and the Development Control Regulations. (Paras 21-25)
Issue of Consideration
Whether the petitioners, who were in possession of structures prior to the cut-off date of 01.01.1995, are entitled to rehabilitation and whether the demolition of their structures by the Municipal Corporation of Greater Mumbai without following the procedure under Section 33 of the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971 is legal.
Final Decision
The court allowed the writ petitions, holding that the petitioners are entitled to rehabilitation and that the demolition without following Section 33 of the Maharashtra Slum Areas Act, 1971 was illegal. Directions were issued to the Municipal Corporation to provide alternate accommodation or compensation to the eligible petitioners and to follow due process in future demolitions.
Law Points
- Rehabilitation of slum dwellers
- Cut-off date for eligibility
- Demolition without notice
- Right to hearing
- Section 33 of Maharashtra Slum Areas Act
- 1971
- MHADA Act
- 1976
- Development Control Regulations
- 1991
