close_game
close_game

Give landowner chance to come up with slum rehab scheme: HC

Hindustan Times | By, Mumbai
Nov 25, 2010 01:26 AM IST

The state can’t directly acquire a private property encroached by slums for rehabilitation of slums, unless an opportunity is given to the landowner first to come up with a rehabilitation scheme, ruled the Bombay High Court on Wednesday.

The state can’t directly acquire a private property encroached by slums for rehabilitation of slums, unless an opportunity is given to the landowner first to come up with a rehabilitation scheme, ruled the Bombay High Court on Wednesday.

HT Image
HT Image

“The acquisition is vitiated as the landowner’s right under section 13(1) of the Act (Maharashtra Slum Areas Act, 1971),” observed the division bench of Justice BH Marlapalle and Justice Roshan Dalvi while setting aside an acquisition of a private plot admeasuring 1,830 sq m at Andheri (East).

The plot, owned by Anil Shah and some others, was acquired along with some other properties for slum rehabilitation in Saiwadi without giving an opportunity to the landowners to come up with a rehabilitation scheme as required under the legislation.

The bench further observed that, “When scheme of the Act has set out various steps for undertaking rehabilitation schemes, it is mandatory to take all steps before issuing Letters of Intent.”

The court also censured the Slum Rehabilitation Authority (SRA). “It is not known why SRA was in such a hurry and it did not even think to apply its mind to the requirements of the Act,” observed the bench.

“The whole process appears to have been short circuited,” the judges added. The bench struck down a government notification saying, “Works of improvements and rehabilitation of slum dwellers cannot go together under the scheme of the Act.”

The notification was issued by the housing department on May 6, 1999, for redevelopment of entire Saiwadi area — covering 44,330 sq m, which also covered the private property. The notification was issued for acquiring the private land for “works of improvement”, which the court said was just a facade.

Catch every big hit, every wicket with Crickit, a one stop destination for Live Scores, Match Stats, Infographics & much more. Explore now!

Stay updated with all the Breaking News and Latest News from Mumbai. Click here for comprehensive coverage of top Cities including Bengaluru, Delhi, Hyderabad, and more across India along with Stay informed on the latest happenings in World News.
See More
Catch every big hit, every wicket with Crickit, a one stop destination for Live Scores, Match Stats, Infographics & much more. Explore now!

Stay updated with all the Breaking News and Latest News from Mumbai. Click here for comprehensive coverage of top Cities including Bengaluru, Delhi, Hyderabad, and more across India along with Stay informed on the latest happenings in World News.
SHARE THIS ARTICLE ON
SHARE
Story Saved
Live Score
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Monday, February 17, 2025
Start 14 Days Free Trial Subscribe Now
Follow Us On