Case Note & Summary
The petitioner, Shriniwas Krishna Suvarna, filed a writ petition before the Bombay High Court seeking protection for his stall located on land belonging to MHADA, identified as CTS No. 258(p). The petitioner claimed that prior to 1.1.1995, he was carrying on business in the said stall and that the land on which the stall stands was deemed to have been declared a slum area. He contended that the stall was protected pursuant to policies framed by the State of Maharashtra giving protection to structures in existence prior to 1.1.1995. The petitioner further argued that the land belonging to MHADA vests in or is under the management and control of the Slum Rehabilitation Authority as constituted under the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971. The respondent, the Executive Engineer, Transit Camp Division, M.B.R. & R. Board, opposed the petition. The court, after hearing the parties, found that the petitioner had not produced any documentary evidence to establish that he was in possession of the stall prior to 1.1.1995. The court held that the burden of proof lies on the petitioner to establish his possession before the cut-off date. Since the petitioner failed to discharge this burden, the court dismissed the petition. The court also noted that the land belongs to MHADA and is subject to the provisions of the Maharashtra Slum Areas Act, 1971, and the petitioner cannot claim protection without establishing his right under the Act. The judgment was delivered by a division bench consisting of Justices F.I. Rebello and S.P. Kukday on April 15 and 20, 2005.
Headnote
A) Slum Law - Protection of Structures - Cut-off Date - Petitioner claimed his stall on MHADA land was protected under slum policies as he was carrying on business prior to 1.1.1995 - Court found that petitioner failed to produce any documentary evidence to prove possession prior to the cut-off date - Held that burden of proof lies on the claimant to establish possession before the cut-off date (Paras 1-2). B) Slum Law - Vesting of Land - Slum Rehabilitation Authority - Land belonging to MHADA vests in or is under management and control of Slum Rehabilitation Authority under the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971 - The petitioner's stall on such land is subject to the provisions of the Act - Held that the petitioner cannot claim protection without establishing his right under the Act (Paras 1-2).
Issue of Consideration
Whether the petitioner's stall on MHADA land is protected under the slum rehabilitation policies of the State of Maharashtra, given the cut-off date of 1.1.1995.
Final Decision
The petition was dismissed. The court held that the petitioner failed to produce any documentary evidence to establish possession prior to 1.1.1995.
Law Points
- Burden of proof on petitioner to establish possession prior to cut-off date
- Deemed declaration of slum area
- Vesting of land in Slum Rehabilitation Authority
