Case Note & Summary
The petitioners, members of Sangam Cooperative Housing Society Ltd., challenged a condition imposed by the Social Justice and Special Assistance Department of Maharashtra for redevelopment of land allotted under the PWR 219 Scheme, a special scheme for backward classes. The society's building, constructed in 1979-1980, was declared dilapidated and demolished in 2017. The department sanctioned redevelopment on condition that after redevelopment, 90% of society members must belong to backward classes and only 10% could be from the open category. The petitioners argued this condition had no legal basis, would make the free sale component unmarketable, render redevelopment unviable, and leave members homeless, violating Article 14. The court, exercising Article 226 jurisdiction, found the condition unreasonable, arbitrary, and without statutory support. It noted that the original scheme did not impose such a restriction and that the condition would defeat the purpose of redevelopment. The court quashed the condition and directed the respondents to reconsider the redevelopment proposal without the impugned condition, allowing the society to proceed with redevelopment in accordance with law.
Headnote
A) Constitutional Law - Article 226 - Judicial Review of Administrative Action - Condition Imposed by State Department - The court examined whether a condition requiring 90% backward class membership in a redeveloped housing society was arbitrary and without legal foundation. Held that the condition was unreasonable, lacked statutory backing, and violated Article 14 of the Constitution as it rendered redevelopment unviable and left members homeless (Paras 2-10). B) Housing and Redevelopment - PWR 219 Scheme - Redevelopment of Dilapidated Building - The land was allotted under a special scheme for backward classes, but the building was demolished in 2017. The society sought redevelopment permission. The court held that the condition restricting membership composition was not part of the original scheme and could not be imposed at the redevelopment stage (Paras 2-8). C) Constitutional Law - Article 14 - Reasonableness of State Action - The court found that the condition was discriminatory and arbitrary as it treated the society differently from other similar societies without justification. Held that the condition was violative of Article 14 and struck it down (Paras 9-10).
Issue of Consideration
Whether the condition imposed by the Social Justice and Special Assistance Department requiring that after redevelopment of land allotted under the PWR 219 Scheme, 90% of the society members must belong to backward classes and only 10% can be from the open category, is legally valid and reasonable.
Final Decision
The court allowed the writ petition, quashed the impugned condition, and directed the respondents to reconsider the redevelopment proposal without the condition requiring 90% backward class membership.
Law Points
- Article 226 of the Constitution of India
- Article 14 of the Constitution of India
- PWR 219 Scheme
- Maharashtra Cooperative Societies Act
- 1960
- Maharashtra Slum Areas (Improvement
- Clearance and Redevelopment) Act
- 1971
