Search Results for "Slum Act 1971"

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Search Results for "Slum Act 1971"

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High Court

Bombay High Court Dismisses Writ Petition Challenging 1985 Slum Tribunal Order Due to 34-Year Delay. Petitioners' challenge to Maharashtra Slum Area Tribunal order dismissed on grounds of laches and acquiescence under Article 227 of the Constitution.

30 Jun 2023

The petitioners, Pravinbhai Ratanji Lad, Kaushik Dalpatbhai Mistry, and Mayank D. Thakkar, filed a writ petition under Article 227 of the Constitution...

High Court

Bombay High Court Quashes SRA Order in Slum Rehabilitation Dispute — Trust Land Cannot Be Acquired Without Following Maharashtra Public Trusts Act. Held that Slum Rehabilitation Authority cannot declare a trust property as a slum or pass rehabilitation orders without prior permission from Charity Commissioner under Section 36 of Maharashtra Public Trusts Act, 1950.

25 Jan 2023

The petitioners, A.H. Wadia Trust and its trustees, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 3...

Supreme Court

Supreme Court Allows Landlord's Appeal in Slum Area Eviction Case — High Court's Remand Set Aside as Appellate Authority Had Adequately Considered Section 22(4) Factors. The Court held that the High Court ought not to have interfered under Article 227 when the Appellate Authority had considered the relevant factors under Section 22(4) of the Maharashtra Slum Areas Act, 1971 and the eviction decree had attained finality.

10 May 2019

The appellant, Kumud w/o Mahadeorao Salunke, was the landlord of premises governed by the Maharashtra Slum Areas (Improvement, Clearance and Re-develo...

High Court

Bombay High Court Dismisses Developer's Challenge to High Power Committee Order in Slum Rehabilitation Dispute. Committee's decision to replace developer with new developer upheld as within its powers under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 and the Development Control Regulations for Greater Mumbai, 1991.

29 Jan 2019

The petitioner, M/s. Sreepati Built Infras Investment Ltd., a developer, challenged the order dated 29/4/2017 passed by the High Power Committee (resp...

High Court

Bombay High Court Dismisses Petitions Seeking Protection as Slum Occupiers Against Railway Eviction — Slum Act Does Not Apply to Central Government Premises Under Article 285(1) of Constitution. The court held that the Maharashtra Slum Act cannot override the Public Premises Act in respect of Railway property, and petitioners cannot claim protected occupier status.

23 Jan 2017

The judgment concerns two writ petitions and several interlocutory applications filed by occupants of Railway land in Mumbai. The petitioners in Writ ...

High Court

Bombay High Court Allows Appeal Against Order Returning Plaint in Slum Rehabilitation Dispute, Finding Trial Court Erred in Not Deciding Jurisdiction Preliminary Issue. Full Bench Decision in Tulsiwadi Navnirman Held Not to Bar Civil Suit; Allegations of Fraud Required Adjudication, and Vague Issue Framing Was Insufficient.

4 Jan 2017

The appeal arose from an order of the City Civil Court at Bombay in a suit filed by the appellants (plaintiffs) seeking declaratory and injunctionary ...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Slum Rehabilitation Dispute — Plaint Returned for Lack of Jurisdiction. Court holds that disputes concerning eligibility of slum dwellers under SRA scheme fall within exclusive jurisdiction of Slum Rehabilitation Authority under Section 13 of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

4 Jan 2017

The appellants, who were plaintiffs in the original suit, filed an appeal against the order of the City Civil Court at Bombay dated 7 March 2012, whic...

High Court

Bombay High Court Dismisses Judgment-Debtor's Challenge to Eviction Decree Execution in Slum Area Case. Execution of Pre-Existing Decree Does Not Require Permission Under Maharashtra Slum Areas Act, 1971 as Decree Was Passed Before Slum Notification.

22 Feb 2012

The petitioner, Manohar Bhadade, was the judgment-debtor in a decree for eviction and possession passed in Regular Civil Suit No.42 of 2003 by the 2nd...

High Court

Bombay High Court Allows Appeal in Slum Rehabilitation Dispute, Holding Civil Court Has Jurisdiction to Entertain Suit for Declaration of Rights Under Development Agreement. The Court set aside the order returning plaint, ruling that the Slum Rehabilitation Authority's jurisdiction is limited to statutory functions and does not oust civil court's jurisdiction to adjudicate contractual disputes.

27 Jul 2010

The plaintiff, Bholanath Ramjas Yadav, filed a suit in the City Civil Court, Bombay, seeking a declaration that he is entitled to the benefits of a De...

High Court

Bombay High Court Dismisses Petition by Proposed Housing Society Challenging Secretary's Direction to Consider Competing Developer's Proposal in Slum Rehabilitation. The Court held that a proposed society has no vested right to develop slum property and the authority can consider a subsequent proposal if the earlier one is rejected.

30 Jun 2006

The petitioners, a proposed housing society of over 100 slum dwellers and their chosen developer, challenged the decision of the Secretary (Housing) d...

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