Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 – s.14 r/w s.3D(c)(i) – Under the Development Plan of 1991 for Mumbai, the Subject Property was reserved for Recreational Ground (RG) – In 2015, an order was passed by respondent No.1-SRA after giving notice to and hearing to all the concerned including the respondent No.5 (the then owner) inter alia holding that the Slum Scheme of the appellant-builder had substantially been implemented on the entire area covering the Project Property (including the Subject Property) and the Subject Property was liable to be acquired in the interest of the slum scheme and the slum dwellers on the Subject Property had to be rehabilitated by the appellant – Respondent No.5 transferred her title rights in the subject property in favour of the respondent No.4 who floated its own proposal for implementation of the slum rehabilitation scheme – Writ petition filed by the appellant questioning the orders passed by the SRA granting sanction to the respondent No.4 and refusal to implement the 2015 Order and; seeking a mandamus for the acquisition of the subject property relying on the SRA’s 2015 order – Dismissed by High Court – Challenge to: Held: Power of the State Government u/s.14 r/w s.3D(c)(i), Slum Act is subject to preferential right, if any, of the owner – It is undisputed that when the respondent No.4 submitted its proposal for development of the subject property in 2022, the same was accepted in accordance with law as there was no slum scheme proposal on the subject property – On facts, no case made out by the appellant for a writ of mandamus to be issued to the State Government to acquire the subject property u/s.14, Slum Act – Appellant is entitled to the Occupation Certificate for the Final Sale Building in the slum scheme on the appellant handing over the Dark Green Portion admeasuring 2700 sq. mts. reserved for RG – Further, the appellant has been fully compensated by granting adequate area/FSI for sale – Respondent No. 4, their successors and assigns shall not put up any type of construction on the subject property and the same shall be utilized only as a RG. [Paras 67, 77]
Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 – Maharashtra Regional Town Planning Act, 1966 – Development Control Regulations, 1991 – Scheme of the Slum Act, 1971. [Paras 60-62]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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