Case Note & Summary
The petitioners, owners of land bearing Survey No.51 in Ward No.19 of Municipal Council, Yavatmal, challenged the order dated 4/5/2010 passed by the President, Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal, Mumbai, dismissing their appeal against the slum declaration of their land. The Municipal Council had passed a resolution on 23/7/1987 recommending the land be declared a slum due to lack of basic facilities, and the declaration was published in the Government Gazette on 28/7/1988. The petitioners, who had earlier represented to the Council by letter dated 21/7/1987, filed an appeal under Section 4 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, but only in 2010, i.e., after 22 years. The Tribunal dismissed the appeal as time-barred. The High Court, in the writ petition under Articles 226 and 227 of the Constitution, held that the delay was gross and unexplained, and the Tribunal's order was correct. The court noted that the petitioners had not shown any sufficient cause for the delay and that the appeal was clearly barred by limitation. The petition was dismissed, and the slum declaration was upheld.
Headnote
A) Limitation - Appeal under Section 4 of Maharashtra Slum Areas Act, 1971 - Condonation of Delay - The appeal against slum declaration was filed after 22 years - The Tribunal dismissed the appeal as time-barred - The High Court held that the delay was gross and unexplained, and the Tribunal's order was justified - Held that no interference was warranted under Articles 226 and 227 of the Constitution (Paras 1-6).
Issue of Consideration
Whether the appeal filed by the petitioners against the slum declaration dated 28/7/1988 was barred by limitation and whether the Tribunal erred in dismissing the appeal as time-barred.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Slum Tribunal dated 4/5/2010. The court held that the appeal was clearly barred by limitation and no interference was warranted under Articles 226 and 227 of the Constitution.
Law Points
- Limitation for appeal under Section 4 of Maharashtra Slum Areas Act
- 1971
- Sufficient cause for condonation of delay
- Scope of judicial review under Articles 226 and 227 of Constitution of India
Case Details
2011 LawText (BOM) (07) 96
WRIT PETITION NO. 661 OF 2011
Mr. V.R.Choudhari for petitioners, Mr. Kale, Addl.Govt.Pleader for respondent no.1, Mr.A.B.Moon for respondent no.2
Devendra Ganpatlal Chamedia, Sau.Prabhavati Sureshkumar Agrawal (since deceased through L.Rs.), Manoj Ganpatlal Chamediya
The Chief Officer and Competent Authority, Municipal Council, Yavatmal; Prashik Navyuwak Smitee through its President Charandas Manikrao Bangar
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Slum Tribunal dismissing the appeal against slum declaration.
Remedy Sought
Petitioners sought quashing of the Tribunal's order dated 4/5/2010 and setting aside of the slum declaration.
Filing Reason
The petitioners' land was declared a slum by the Municipal Council, and their appeal against the declaration was dismissed by the Tribunal as time-barred.
Previous Decisions
The Slum Tribunal dismissed the appeal filed by the petitioners against the slum declaration dated 28/7/1988 as time-barred.
Issues
Whether the appeal filed under Section 4 of the Maharashtra Slum Areas Act, 1971 was barred by limitation.
Whether the Tribunal erred in dismissing the appeal without considering the merits.
Submissions/Arguments
Petitioners argued that the delay in filing the appeal was due to lack of knowledge and that the Tribunal should have condoned the delay.
Respondents contended that the appeal was filed after 22 years and no sufficient cause was shown for the delay.
Ratio Decidendi
An appeal under Section 4 of the Maharashtra Slum Areas Act, 1971 must be filed within the prescribed period of limitation. A delay of 22 years without sufficient cause cannot be condoned, and the Tribunal's dismissal of such appeal is justified. The High Court, in its writ jurisdiction, will not interfere with such orders.
Judgment Excerpts
The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 4/5/2010 passed by the President, Maharashtra Slum Areas (Improvement, Clearance and Redevelopment), Tribunal, Mumbai, by which order the appeal filed by the petitioners herein came to be dismissed.
The facts involved in the above petition can be stated in brief thus: The petitioners are the owners of land bearing Survey No.51 situated in Ward No.19 of Municipal Council, Yavatmal.
Aggrieved by the declaration dated 28th July, 1988 declaring the lands as slum, the petitioners filed an Appeal as provided for under Section 4 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment), Act, 1971.
Procedural History
The Municipal Council passed a resolution on 23/7/1987 to declare the land as slum. The declaration was published in the Government Gazette on 28/7/1988. The petitioners filed an appeal under Section 4 of the Maharashtra Slum Areas Act, 1971, which was dismissed by the Slum Tribunal on 4/5/2010 as time-barred. The petitioners then filed the present writ petition under Articles 226 and 227 of the Constitution of India.
Acts & Sections
- Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971: Section 4
- Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958: Section 80
- Constitution of India: Articles 226, 227
