Case Note & Summary
The petitioner, Shreeji Construction, a partnership firm, was implementing a slum redevelopment scheme on lands belonging to the Municipal Corporation of Greater Mumbai (MCGM) in Mauje Kandivali, Taluka Borivali. The Competent Authority of MCGM had finalized Annexure II containing the list of eligible slum dwellers. Respondent No.5, Rajesh Velji (Vagri) Rathod, was an eligible slum dweller entitled to permanent alternate accommodation. However, he refused to vacate his structure, impeding the scheme's implementation. Consequently, a notice dated 26 November 2010 under Sections 33 and 38 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 was issued to him. Instead of complying, Respondent No.5 approached the Hon'ble Minister for Revenue, who on 25 February 2016 passed an order directing status quo in respect of his possession pending proceedings. The petitioner challenged this order by way of a writ petition under Article 226 of the Constitution of India. The court examined whether the Minister had jurisdiction to pass such an order. It noted that the Maharashtra Slum Areas Act, 1971 does not confer any suo motu revisional powers on the Minister. The Act provides for appeals and revisions only to specified authorities, not to the Minister. The Minister's order was therefore without jurisdiction and unsustainable. The court also observed that the slum redevelopment scheme was for the benefit of eligible slum dwellers and the public, and the Minister's interference by ordering status quo was contrary to the scheme's objectives. The court quashed the Minister's order dated 25 February 2016 and allowed the writ petition. Rule was made absolute with no order as to costs.
Headnote
A) Slum Redevelopment - Jurisdiction of Minister - Suo Motu Revisional Powers - The Minister for Revenue exceeded his jurisdiction under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 by passing a status quo order regarding possession of an eligible slum dweller, as the Act does not confer any suo motu revisional powers on the Minister. The order was held to be without authority of law and liable to be quashed. (Paras 1-10) B) Slum Redevelopment - Finality of Annexure II List - The list of eligible slum dwellers (Annexure II) finalized by the Competent Authority of MCGM is final and binding. The Minister cannot interfere with the implementation of the slum redevelopment scheme by ordering status quo, as the scheme is for the benefit of eligible slum dwellers and the public at large. (Paras 2-8) C) Slum Redevelopment - Right to Alternate Accommodation - An eligible slum dweller is entitled to permanent alternate accommodation under the slum redevelopment scheme. The refusal to vacate the structure impedes the implementation of the scheme, and the Minister's order of status quo was contrary to the scheme's objectives. (Paras 2-5)
Issue of Consideration
Whether the Hon'ble Minister for Revenue had the jurisdiction to pass an order of status quo in respect of possession of an eligible slum dweller pending proceedings under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, and whether such order was sustainable in law.
Final Decision
The writ petition is allowed. The order dated 25 February 2016 passed by the Hon'ble Minister for Revenue, Government of Maharashtra, is quashed and set aside. Rule is made absolute. No order as to costs.
Law Points
- Jurisdiction of Minister under Maharashtra Slum Areas Act
- 1971
- Scope of suo motu revisional powers
- Finality of Annexure II list
- Right of eligible slum dweller to alternate accommodation
- Maintainability of writ petition against ministerial order
