Case Note & Summary
The petitioner, Omprakash V. Dube, the Chief Promoter of Sahyog SRA Cooperative Housing Society (Proposed), had obtained a declaration from the CEO, SRA on 17 June 2017 under Section 3C(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, declaring certain lands in Borivali, Mumbai as a slum rehabilitation area. Respondent No.3, claiming to be the owner of the property, filed Appeal No.9 of 2017 before the Slum Tribunal challenging the declaration. During the pendency of the appeal, the Slum Act was amended by Maharashtra Act No.XXXVIII of 2018, which substituted Section 3C and provided that appeals against declarations under Section 3C(1) would lie to the Grievance Redressal Committee constituted under Section 35, instead of the Slum Tribunal. The petitioner filed an application before the Tribunal challenging its jurisdiction in light of the amendment. The Tribunal, by order dated 10 December 2018, rejected the application, holding that it retained jurisdiction. Aggrieved, the petitioner filed the present writ petition. The sole legal issue was whether the amendment, being procedural, applied retrospectively to pending appeals. The court, relying on the principle that procedural amendments are retrospective unless otherwise provided, held that the change of forum was procedural and the pending appeal must be transferred to the Grievance Redressal Committee. The court set aside the Tribunal's order and directed the transfer of Appeal No.9 of 2017 to the Grievance Redressal Committee for hearing.
Headnote
A) Statutory Interpretation - Procedural Amendment - Retrospective Application - Change of Forum - Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Section 3C - The amendment substituting the appellate forum from the Slum Tribunal to the Grievance Redressal Committee is procedural in nature and applies retrospectively to pending appeals. The court held that procedural amendments are presumed to be retrospective unless expressly or impliedly made prospective, and pending appeals must be transferred to the new forum. (Paras 2-6) B) Slum Rehabilitation - Appellate Jurisdiction - Transfer of Pending Appeals - Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Section 3C - The court held that the appeal filed by Respondent No.3 before the Slum Tribunal, pending on the date of the amendment, must be transferred to the Grievance Redressal Committee for hearing. The Tribunal's order rejecting the petitioner's application challenging its jurisdiction was set aside. (Paras 3-7)
Issue of Consideration
Whether an appeal filed under Section 3C(2) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, pending on the date of the Amending Act (Maharashtra Act No.XXXVIII of 2018), is liable to be transferred to and heard by the Grievance Redressal Committee constituted under Section 35 of the amended Act.
Final Decision
The court allowed the writ petition, set aside the impugned order of the Slum Tribunal dated 10 December 2018, and directed that Appeal No.9 of 2017 pending before the Slum Tribunal be transferred to the Grievance Redressal Committee constituted under Section 35 of the amended Slum Act for hearing and disposal.
Law Points
- Procedural amendment
- retrospective application
- change of forum
- pending appeals
- transfer of cases
- Section 3C Maharashtra Slum Areas Act
