Case Note & Summary
The petitioners filed a writ petition under Article 226 of the Constitution of India seeking to quash proceedings leading to implementation of a Slum Rehabilitation Scheme and orders determining eligibility of slum dwellers. They also sought a declaration that respondent no.6 was not a duly authorized representative of slum dwellers and had no authority to permit respondent no.7 to carry out development. The plot in question, admeasuring about 28,200.60 square meters, is located at Vile Parle in Mumbai Suburban District and is covered by slums known as 'Prem Nagar'. A rehabilitation scheme under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 was initially submitted for the entire plot. The plot is affected by reservations for Nursing Training College, Housing, Play Ground, Municipal Primary School, and Secondary School, as well as D.P. Roads. The court heard arguments from all parties. The court dismissed the petition, finding no merit in the challenge.
Headnote
A) Slum Rehabilitation - Eligibility Determination - Authorization of Developer - Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 - Petition under Article 226 seeking quashing of slum rehabilitation scheme and eligibility orders - Court examined whether respondent no.6 was duly authorized representative and whether scheme implementation was valid - Held that the petition lacked merit and was dismissed (Paras 1-3).
Issue of Consideration
Whether the proceedings leading to implementation of a Slum Rehabilitation Scheme and the orders determining eligibility of slum dwellers are liable to be quashed; whether respondent no.6 is duly authorized representative of slum dwellers.
Final Decision
The petition is dismissed.
Law Points
- Slum Rehabilitation Scheme
- Eligibility of Slum Dwellers
- Authorization of Developer
- Maharashtra Slum Areas (Improvement
- Clearance and Redevelopment) Act
- 1971
- Article 226 of Constitution of India
Case Details
2005 LawText (BOM) (03) 200
WRIT PETITION NO.988 OF 2004
H.L. Gokhale, S.C. Dharmadhikari
Mr. Diwan for petitioners, Mr. Y.S. Jahagirdar (Sr. Counsel) for respondent no.2, Ms. Purandare for respondent no.4, Mr. V.A. Thorat (Advocate General) for respondent no.6, Mr. C.U. Singh for respondent no.7, AGP for respondent nos.1 and 3
The State of Maharashtra and others
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Nature of Litigation
Writ petition under Article 226 of Constitution of India challenging implementation of a Slum Rehabilitation Scheme and eligibility orders.
Remedy Sought
Quashing of proceedings leading to implementation of Slum Rehabilitation Scheme and orders determining eligibility of slum dwellers; declaration that respondent no.6 is not duly authorized representative.
Filing Reason
Petitioners challenged the authorization of respondent no.6 and the implementation of the rehabilitation scheme.
Issues
Whether the Slum Rehabilitation Scheme implementation is valid?
Whether respondent no.6 is duly authorized representative of slum dwellers?
Submissions/Arguments
Mr. Diwan for petitioners argued for quashing of scheme and orders.
Mr. Y.S. Jahagirdar, Sr. Counsel for respondent no.2 opposed the petition.
Ms. Purandare for respondent no.4 opposed.
Mr. V.A. Thorat, Advocate General for respondent no.6 opposed.
Mr. C.U. Singh for respondent no.7 opposed.
AGP for respondent nos.1 and 3 opposed.
Ratio Decidendi
The court found no merit in the petition challenging the slum rehabilitation scheme and eligibility orders, and dismissed it.
Judgment Excerpts
By this petition under Article 226 of Constitution of India, the petitioners apply for quashing and setting aside of proceedings leading to implementation of a Slum Rehabilitation Scheme.
They also apply for quashing and setting aside of the directions and orders issued by respondent no.3 while deciding the eligibility of slum dwellers.
Procedural History
The petition was filed under Article 226 of the Constitution of India. Heard on 11th March 2005 and dismissed.
Acts & Sections
- Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971:
- Constitution of India: Article 226
