Case Note & Summary
The petitioner, a company engaged as a developer for a slum rehabilitation project on a property owned by a cooperative housing society, filed a writ petition challenging its removal as developer by the Chief Executive Officer of Slum Rehabilitation Authority and the confirmatory order of the High Power Committee. The property, declared a slum under the Slum Act, had a history of development attempts starting in 1985 when the society appointed the petitioner as developer. An initial agreement in 1986 was followed by delays due to litigation and planning changes. In 1995, a new development agreement was executed to avail benefits under the SRD Scheme introduced by DCR 1991. Under this scheme, the petitioner obtained IOD and CC in 1996 and completed construction of two buildings by 1998, receiving TDR. Subsequently, the SRA Scheme with more attractive terms came into force in 1997. The petitioner and society entered into a supplementary agreement in 1998 to convert the project to the SRA Scheme. The CEO SRA permitted conversion on 19.01.1998, subject to conditions including submission of individual agreements and Annexure-II certified by the Additional Collector for a specified number of slum dwellers. Disputes arose over compliance with these conditions and the validity of the conversion, leading to the petitioner's removal. The High Court considered the historical facts and the noting of the CEO SRA to determine the legality of the removal. (The judgment text provided does not include the final decision.)
Headnote
A) Slum Rehabilitation - Appointment and Removal of Developer - Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Sections 4, 8(4); Development Control Regulations 1991 and 1997 - The petitioner was appointed developer for a slum rehabilitation project under an agreement with the slum dwellers' society. The CEO SRA removed the petitioner as developer on 24.02.2012, and the High Power Committee upheld this decision. The writ petition challenged these orders, with the court examining the factual background and compliance with statutory requirements (Paras 2-3, 13). B) Slum Rehabilitation - Conversion from SRD to SRA Scheme - DCR 33(10), Maharashtra Regional and Town Planning Act, 1966, Section 37 - The developer and society sought conversion from the earlier SRD Scheme to the SRA Scheme to avail enhanced benefits. The CEO SRA permitted conversion subject to conditions, including obtaining consent of 70% slum dwellers and submission of certified Annexure-II. The noting dated 19.01.1998 outlined these conditions, and their fulfillment became a contentious issue in determining the legality of the developer's removal (Para 13).
Issue of Consideration
Whether the removal of the petitioner as developer by the CEO SRA and its confirmation by the High Power Committee was legal and valid.
Law Points
- developer removal
- slum rehabilitation
- conversion from SRD to SRA
- compliance with conditions
- writ of certiorari
- judicial review
