Case Note & Summary
The case involves a writ petition filed by twenty-one persons claiming to be occupants of a slum known as Meer Hussain Tangewala Chawl on land owned by the Municipal Corporation of Greater Mumbai. The land was reserved for a fish market. A Slum Rehabilitation Scheme under DCR 33(10) was sanctioned by the Slum Rehabilitation Authority (SRA) in 2006, which included rehabilitation of slum dwellers, construction of a municipal market, and other amenities. The Municipal Corporation certified a list of 91 eligible occupants as on the cut-off date of 1 January 1995. A letter of intent was issued in December 2006, plans approved in July 2007, and a commencement certificate issued. Construction progressed, and the rehabilitation building was constructed. Three slum dwellers appealed to the High Power Committee (HPC), and during that appeal, 19 occupants moved the HPC. The petitioners then filed this writ petition under Article 226 of the Constitution challenging the scheme. The court examined the facts and noted that the petitioners had not demonstrated their eligibility or locus standi, and the scheme had been substantially implemented. The court held that it would not interfere with the scheme at this stage, as the rehabilitation component was already constructed and the petitioners had not approached the court in a timely manner. The writ petition was dismissed.
Headnote
A) Constitutional Law - Writ Jurisdiction - Locus Standi - Article 226 of the Constitution of India - Petitioners claiming to be occupants challenged a slum rehabilitation scheme - Court held that the petitioners failed to establish their eligibility or legal right to challenge the scheme, and the scheme had been substantially implemented - Held that the writ petition was not maintainable (Paras 1-9).
B) Slum Rehabilitation - Scheme Implementation - Delay and Laches - DCR 33(10) - Slum Rehabilitation Authority - The scheme was sanctioned in 2006, construction had progressed, and the rehabilitation building was constructed - Petitioners approached the court after substantial implementation - Held that the court would not interfere at a belated stage (Paras 2-9).
Issue of Consideration
Whether the writ petition challenging a slum rehabilitation scheme under DCR 33(10) should be entertained when the scheme has been substantially implemented and the petitioners have not demonstrated any legal right or locus standi.
Final Decision
The writ petition was dismissed. The court held that the petitioners failed to establish their eligibility or legal right to challenge the scheme, and the scheme had been substantially implemented, with the rehabilitation building already constructed. The court declined to interfere under Article 226.
Law Points
- Slum Rehabilitation Scheme
- DCR 33(10)
- Article 226 of the Constitution of India
- Writ Jurisdiction
- Locus Standi
- Delay and Laches
- Implementation of Scheme
- Rehabilitation of Occupants
Case Details
2012 LawText (BOM) (09) 33
WRIT PETITION NO.148 OF 2012 WITH NOTICE OF MOTION NO.127 OF 2011 AND NOTICE OF MOTION NO.54 OF 2012
DR.D.Y.CHANDRACHUD, A.A.SAYED
Mr. Vijay A. Thorat, Senior Advocate with Mr. Manoj Kumar Upadhyay i/b Mr. Mahindra Deshmukh for the Petitioners; Mr. D.A. Nalavade, GP with Mr. Milind More, AGP for Respondents 1 and 7; Mr. Vinod Mahadik for Respondent No.2; Mr. G.D. Utangale with Mr. B.V. Phadnis i/b M/s. Utangale & Co. for Respondents 3 and 8; Mr. S.G. Surana for Respondent No.4; Mr. S.U. Kamdar, Senior Advocate with Mr. Pravin Samdani, Senior Advocate i/b Mr. C.N. Gole for Respondent No.5
Sher Mohammad Dost Mohammad Khan and others
State of Maharashtra and Others
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Nature of Litigation
Writ petition under Article 226 of the Constitution challenging a slum rehabilitation scheme sanctioned under DCR 33(10).
Remedy Sought
The petitioners sought to challenge the slum rehabilitation scheme and stop its implementation.
Filing Reason
The petitioners claimed to be occupants of the slum and alleged that the scheme was not properly implemented or that they were not included.
Previous Decisions
The Slum Rehabilitation Authority issued a letter of intent on 12 December 2006, plans were approved on 4 July 2007, and a commencement certificate was issued on 23 July 2007. A revised letter of intent was issued on 29 October 2009. An appeal was filed before the High Power Committee by three slum dwellers, and during its pendency, 19 occupants moved the HPC.
Issues
Whether the petitioners have locus standi to challenge the slum rehabilitation scheme.
Whether the court should interfere with the scheme at a stage when it has been substantially implemented.
Submissions/Arguments
The petitioners argued that they were occupants and that the scheme was not properly implemented.
The respondents contended that the scheme was sanctioned after due process, the petitioners had no locus standi, and the scheme had been substantially implemented.
Ratio Decidendi
A writ petition challenging a slum rehabilitation scheme under Article 226 of the Constitution is not maintainable when the petitioners fail to establish locus standi or eligibility, and the scheme has been substantially implemented. Courts should not interfere with such schemes at a belated stage after significant progress has been made.
Judgment Excerpts
Twenty-one persons, claiming to be occupants, have instituted these proceedings under Article 226 of the Constitution to challenge a Slum Rehabilitation Scheme under DCR 33(10) in respect of a property described as Meer Hussain Tangewala Chawl situated on C.T.S. No. 65 (Part), 66, 66/1 to 51 at Andheri (West), Mumbai.
The implementation of the scheme has substantially progressed and at this stage, the structure in which the rehabilitation component of the scheme is to be housed has been constructed.
Procedural History
The Slum Rehabilitation Authority issued a letter of intent on 12 December 2006, plans approved on 4 July 2007, and a commencement certificate on 23 July 2007. A revised letter of intent was issued on 29 October 2009. An appeal was filed before the High Power Committee by three slum dwellers. During the pendency of the appeal, 19 occupants moved the HPC. The petitioners then filed the present writ petition on an unspecified date, which was heard and dismissed on 25 September 2012.
Acts & Sections
- Constitution of India: Article 226
