Case Note & Summary
The case involves two writ petitions filed by Housing Development and Infrastructure Ltd. and another challenging the order of the High Power Committee dated 2nd July 2013 in Appeal No.28 of 2012. The dispute pertains to land bearing CTS Nos.4207 (Part) in Kole Kalyan, Bandra, Mumbai, where a slum rehabilitation scheme under Regulation 33(10) of the Development Control Regulations for Greater Mumbai, 1991 was proposed. The fifth respondent cooperative housing society, formed by slum dwellers, was involved. The High Power Committee had rejected the claim of certain individuals seeking inclusion as eligible tenants for rehabilitation. The petitioners challenged this order under Article 226 of the Constitution. The court examined the jurisdiction of the High Power Committee under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 and held that the Committee has the power to decide eligibility and its decision is final. The court found no error in the Committee's order and dismissed the petitions, upholding the Committee's decision.
Headnote
A) Slum Rehabilitation - Eligibility of Slum Dwellers - High Power Committee Jurisdiction - Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Section 3C - The High Power Committee has the power to decide the eligibility of slum dwellers for rehabilitation under the SRA Scheme. Its decision is final and binding on all parties, subject to challenge under Article 226 of the Constitution. The Court held that the Committee's order rejecting the claim of additional eligible tenants was valid and did not suffer from any jurisdictional error. (Paras 2-10) B) Constitutional Law - Writ Jurisdiction - Scope of Judicial Review - Article 226 of the Constitution of India - The High Court's power under Article 226 is limited to examining whether the impugned order suffers from any error of law or jurisdiction. The Court cannot re-appreciate evidence or substitute its own view. In the present case, the Court found no infirmity in the Committee's decision and dismissed the petition. (Paras 11-15)
Issue of Consideration
Whether the High Power Committee constituted under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 has jurisdiction to decide the eligibility of slum dwellers for rehabilitation and whether its decision is final and binding.
Final Decision
The court dismissed both writ petitions, upholding the order of the High Power Committee dated 2nd July 2013.
Law Points
- Slum Rehabilitation Scheme
- Eligibility of slum dwellers
- High Power Committee jurisdiction
- Finality of Committee's decision
- Article 226 scope
