Case Note & Summary
The case involves a group of writ petitions before the Bombay High Court arising from a dispute over a slum rehabilitation scheme under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The petitioners, cooperative housing societies and developers, had their scheme originally approved by the Slum Rehabilitation Authority. However, the High Power Committee, acting on complaints from a rival cooperative society and an individual, passed an order clubbing the petitioners' scheme with another overlapping scheme and directed a fresh survey of eligible slum dwellers. The petitioners challenged this order, alleging that the High Power Committee exceeded its jurisdiction. The court heard the petitions together on 9th July 2015, with advocates for various parties present. The court noted that the real contesting respondent had earlier filed a complaint against one of the judges, but later withdrew it. The judgment provided factual background, noting that the scheme initially covered a certain area and number of slum dwellers, but was reduced due to reservation for a recreation ground. The eligibility of slum dwellers was disputed, leading to the impugned order. The court's oral judgment, delivered by Justice S.C. Dharmadhikari, was to finally dispose of the matters.
Issue of Consideration
Whether the High Power Committee under the Maharashtra Slum Areas Act, 1971, acted within its jurisdiction in passing the order dated 16.9.2013 directing clubbing of slum rehabilitation schemes and re-survey of eligible slum dwellers; Whether the order is arbitrary or in violation of natural justice.
