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 Annexure II list of eligible slum dwellers was finalised by the Competent Authority of MCGM, i.e., the Assistant Commissioner, 'R' south ward. Respondent No.5, Rajesh Velji (Vagri) Rathod, was an eligible slum dweller entitled to permanent alternate accommodation. However, Respondent No.5 did not vacate his structure, impeding the scheme. Consequently, a notice dated 26/11/2010 under Sections 33 and 38 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 was issued. The Hon'ble Minister for Revenue, Government of Maharashtra, passed an order dated 25/2/2016 directing status quo in respect of possession of Respondent No.5 pending proceedings. The petitioner challenged this order by way of a writ petition. The Court held that the Minister had no jurisdiction under the Act to pass such an order, as the Act does not confer any suo motu revisional powers on the Minister. The order was quashed and set aside. The Court directed that the slum redevelopment scheme be implemented in accordance with law, and Respondent No.5 was entitled to alternate accommodation as per the scheme.
Headnote
A) Slum Redevelopment - Jurisdiction of Minister - Status Quo Order - Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Sections 33, 38 - The Minister for Revenue passed an order of status quo in respect of possession of an eligible slum dweller pending proceedings, without any statutory power under the Act. The Court held that the Minister acted without jurisdiction and the order was unsustainable. (Paras 1-6) B) Slum Redevelopment - Finality of Annexure II - Eligibility of Slum Dweller - Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 - The Annexure II list of eligible slum dwellers was finalised by the Competent Authority of MCGM. The Court held that the Minister could not interfere with the finalised list or the implementation of the slum redevelopment scheme. (Paras 2-5) C) Writ Jurisdiction - Maintainability - Challenge to Ministerial Order - The writ petition was held maintainable as the Minister's order was without jurisdiction and violated the rights of the petitioner and the slum redevelopment scheme. (Para 1)
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 25/2/2016 passed by the Hon'ble Minister for Revenue is quashed and set aside. The slum redevelopment scheme shall be implemented in accordance with law. Respondent No.5 is entitled to alternate accommodation as per the scheme.
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
