Case Note & Summary
The case involves a challenge by 29 occupants of Plot No.66, TPS-IV, Mahim Division, Dadar, admeasuring 1929.78 sq.mtrs, belonging to the Municipal Corporation of Greater Mumbai. The Assistant Commissioner, G-North Ward, issued a notification dated 26 February 2010 under Section 4(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 declaring the land as a slum area. The petitioners, occupants of the land, appealed to the Maharashtra Slum Areas Tribunal, which upheld the notification. The petitioners then filed a writ petition in the Bombay High Court. The petitioners argued that 76 occupants had 16 toilets, independent water and electricity connections, thus the area did not meet the criteria for a slum. They also contended that the Assistant Commissioner (Estates) had earlier rejected a proposal under DCR 33(9) and that the processing under DCR 33(10) was initiated after political intervention. They further argued that redevelopment under DCR 33(7) would give them larger flats (300-700 sq.ft) compared to DCR 33(10) (270 sq.ft), and that they were denied a personal hearing. The Municipal Corporation countered that the land was reserved for housing the dishoused, that the competent authority had satisfied itself based on reports regarding the lack of proper amenities and health/safety concerns, and that the structures were not cessed A-Category. The court, after hearing submissions, upheld the Tribunal's order, finding that the notification was validly issued and that the authority had applied its mind. The court dismissed the petition.
Headnote
A) Slum Law - Declaration of Slum Area - Section 4(1) of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 - Validity of Notification - The petitioners challenged the slum declaration on the ground that basic amenities like toilets, water and electricity were provided. The court held that the provision of some amenities does not automatically preclude a declaration if the area is otherwise unfit for human habitation. The competent authority had applied its mind to the reports and the Tribunal's order was upheld. (Paras 1-3)
B) Slum Law - Opportunity of Hearing - Section 4(1) of Maharashtra Slum Areas Act, 1971 - The petitioners contended that no personal hearing was given before the notification. The court found that the authority had considered objections and there was no statutory requirement for a personal hearing. The Tribunal's finding that the procedure was followed was upheld. (Paras 2-3)
Issue of Consideration
Whether the notification dated 26 February 2010 declaring the land as a slum area under Section 4(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 is valid despite the provision of toilets, water and electricity connections to the occupants.
Final Decision
The Bombay High Court dismissed the writ petition, upholding the order of the Maharashtra Slum Areas Tribunal and the notification dated 26 February 2010 declaring the land as a slum area under Section 4(1) of the Maharashtra Slum Areas Act.
Law Points
- Slum declaration under Section 4(1) of Maharashtra Slum Areas Act does not require complete absence of amenities
- provision of some amenities does not preclude declaration if area is unfit for human habitation
- Competent authority must apply mind to reports and give opportunity of hearing
- Tribunal's order upheld as no procedural violation
Case Details
2012 LawText (BOM) (12) 22
WRIT PETITION NO.1305 OF 2012
DR.D.Y.CHANDRACHUD, A.A.SAYED
Mr.Chirag Balsara with Ms.Asha Nair i/b. Divya Shah Associates for the Petitioners, Mr.A.B.Ketkar, AGP for Respondent No.1, Mr.G.S.Godbole with Mr.Vinod Mhadik and Ms.Aari Kamble for Respondent No.2, Mr.Atul G.Damle for Respondent Nos.3 to 57
Vivek Chandrakant Mayekar & Ors.
State of Maharashtra & Ors.
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Nature of Litigation
Writ petition challenging the order of the Maharashtra Slum Areas Tribunal upholding a notification declaring land as a slum area under Section 4(1) of the Maharashtra Slum Areas Act.
Remedy Sought
The petitioners (occupants) sought to quash the Tribunal's order and the notification declaring the land as a slum area.
Filing Reason
The petitioners contended that the land had basic amenities (toilets, water, electricity) and thus did not meet the criteria for a slum, and that they were denied a personal hearing.
Previous Decisions
The Assistant Commissioner, G-North Ward, issued the notification on 26 February 2010. The Maharashtra Slum Areas Tribunal upheld the notification. The petitioners then filed the present writ petition.
Issues
Whether the notification under Section 4(1) of the Maharashtra Slum Areas Act declaring the land as a slum area is valid despite the provision of toilets, water and electricity connections.
Whether the competent authority failed to give an opportunity of personal hearing to the petitioners before issuing the notification.
Submissions/Arguments
Petitioners: The land has 16 toilets, independent water and electricity connections for 76 occupants, so it is not a slum. The Assistant Commissioner (Estates) had earlier rejected a proposal under DCR 33(9). The processing under DCR 33(10) was initiated after political intervention. Redevelopment under DCR 33(7) would give larger flats (300-700 sq.ft) than under DCR 33(10) (270 sq.ft). No personal hearing was given.
Respondents (Municipal Corporation): The land is reserved for housing the dishoused. The competent authority applied its mind to reports showing lack of proper amenities and health/safety concerns. The structures are not cessed A-Category. The notification was validly issued.
Ratio Decidendi
The provision of some basic amenities like toilets, water and electricity does not automatically preclude a declaration of a slum area under Section 4(1) of the Maharashtra Slum Areas Act if the competent authority, after applying its mind to reports, is satisfied that the area is unfit for human habitation. There is no statutory requirement for a personal hearing before issuing such a notification.
Judgment Excerpts
The challenge in these proceedings is to an order passed by the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal, Mumbai upholding the validity of a notification dated 26 February 2010 declaring certain lands as a slum area.
The submissions which have been urged on behalf of the Petitioners are as follows: (i) There are 76 occupants on the land for whom 16 toilets have been provided together with independent water and electricity connections. Consequently, the requirement for development of a slum under Section 4(1) has not been fulfilled;
Procedural History
The Assistant Commissioner, G-North Ward, issued a notification under Section 4(1) on 26 February 2010 declaring the land as a slum area. The petitioners appealed to the Maharashtra Slum Areas Tribunal, which upheld the notification. The petitioners then filed Writ Petition No.1305 of 2012 in the Bombay High Court, which was dismissed on 19 December 2012.
Acts & Sections
- Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971: Section 4(1)
