Case Note & Summary
The petitioners, Nenshi Monji (Bombay), a Family Trust and Others, filed a writ petition under Article 226 of the Constitution challenging the acquisition of their lands under a final notification dated 22 December 2005 issued by the State Government under Section 14 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (the Slum Act). They also challenged the award dated 19 May 2006 passed by the Deputy Collector (Encroachment Removal) under Section 17 of the Act. Initially, the petitioners also challenged the constitutional validity of Sections 14 and 17 of the Act. The petition, along with a group of other petitions, was heard on the limited question of constitutional validity. By a judgment dated 10 May 2013, a Division Bench of the Bombay High Court, to which one of the judges (the Chief Justice) was a party, upheld the constitutional validity of Sections 14 and 17 of the Act. The operative order rejected the challenge to the constitutional validity and held that the provisions are intra vires the Constitution of India. The court did not provide further analysis or reasoning in the extracted text, but the final decision was to dismiss the challenge to the constitutional validity.
Headnote
A) Constitutional Law - Slum Acquisition - Sections 14 and 17 of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 - Challenge to constitutional validity - Petitioners challenged acquisition of their lands under final notification dated 22 December 2005 and award dated 19 May 2006 - Division Bench upheld the provisions as intra vires the Constitution - Held that Sections 14 and 17 are constitutionally valid (Paras 1-2).
Issue of Consideration
Whether Sections 14 and 17 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 are constitutionally valid?
Final Decision
The challenge to the constitutional validity of Sections 14 and 17 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 is rejected. The provisions are held to be intra vires the Constitution of India.
Law Points
- Constitutional validity of Sections 14 and 17 of Maharashtra Slum Areas (Improvement
- Clearance and Redevelopment) Act
- 1971 upheld
- Intra vires Constitution of India
- Challenge to acquisition under Section 14 and award under Section 17 rejected
Case Details
2015 LawText (BOM) (01) 25
WRIT PETITION NO.1489 OF 2008 WITH CONTEMPT PETITION NO.14 OF 2012
MOHIT S. SHAH, C.J., B.P. COLABAWALLA, J.
Dr.Virendra Tulzapurkar, Sr.Advocate i/by M/s.Madekar & Co. for petitioners, Mr.E.P. Bharucha, Senior Advocate, with Ms.Geeta Shastri, Addl. Govt. Pleader for respondent nos.1 to 4, Mr.A.V. Anturkar, Senior Advocate, with Mr.A.P. Jadhav for respondent nos.5, Mr.G.D. Uttangale with Mr.B.V. Phadnis for respondent no.6, Mr.Girish Godbole i/b. Mr.Akshay P. Jadhav for respondent no.7
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Nature of Litigation
Writ petition under Article 226 challenging acquisition of lands under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
Remedy Sought
Petitioners sought to challenge the acquisition of their lands under final notification dated 22 December 2005 and award dated 19 May 2006, and initially also challenged constitutional validity of Sections 14 and 17 of the Act
Filing Reason
Acquisition of petitioners' lands under Section 14 and award under Section 17 of the Slum Act
Previous Decisions
By judgment dated 10 May 2013, a Division Bench of this Court upheld the constitutional validity of Sections 14 and 17 of the Act
Issues
Whether Sections 14 and 17 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 are constitutionally valid?
Ratio Decidendi
Sections 14 and 17 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 are constitutionally valid and intra vires the Constitution of India.
Judgment Excerpts
The challenge to the constitutional validity of Sections 14 and 17 of the Maharashtra Slum Areas (Improvement, Clearance & Redevelopment) Act, 1971 (the Slum Act) is rejected. We hold that the provisions of Sections 14 and 17 of the said Act are intra vires the provisions of the Constitution of India.
Procedural History
The writ petition was filed in 2008 challenging acquisition and constitutional validity. Along with a group of other petitions, it was heard on the limited question of constitutional validity. On 10 May 2013, a Division Bench upheld the constitutional validity. The present judgment appears to be the final order on that issue.
Acts & Sections
- Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971: 14, 17
- Constitution of India: Article 226
