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1 - 10 of 16 (0.28 seconds)The Slum Areas (Improvement And Clearance) Act, 1956
Section 13 in The Slum Areas (Improvement And Clearance) Act, 1956 [Entire Act]
Article 300A in Constitution of India [Constitution]
Indian Cork Mills Pvt.Ltd vs The State Of Maharashtra And 2 Ors on 13 June, 2018
18. Ms. Kantharia, learned Counsel for SRA and Mr. Jadhav, learned AGP for
the State would not dispute the clear position as noted hereinabove that none of
the essential requirements as held by the Courts in the aforesaid decisions were
complied, before the petitioner's land could be acquired, inasmuch as no
opportunity whatsoever at the relevant time was made available to the petitioner
to undertake redevelopment of the land in recognition of the petitioner's
preferential rights. They also do not dispute that the position in law in this regard
is well settled in the recent decision of the Supreme Court in Tarabai Nagar Co-
op.Hsg.Society (proposed) (supra) upholding the decision of this Court in
Indian Cork Mills Pvt. Ltd. (supra) and in Saldanha Real Estate Pvt. Ltd.
Page 14 of 17
P. V. Rane
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WP 1018-17.DOC
(supra) which confirms the decision of this Court in Bishop John Rodrigues
(supra).
Section 33 in The Slum Areas (Improvement And Clearance) Act, 1956 [Entire Act]
Section 17 in The Slum Areas (Improvement And Clearance) Act, 1956 [Entire Act]
Section 4 in The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 [Entire Act]
Panchsheel Nagar (Sra) ... vs State Of Maharashtra And 6 Ors on 18 January, 2019
26. This Court in Tarabai (supra) has unequivocally
established that: (i) the private owner of an SR Area has a preferential
right to develop it; (ii) the SRA must invite the landowner to come
forward with a redevelopment proposal and give them reasonable
time to do so before the said preferential right extinguishes; and (iii)
the State or the SRA cannot move to acquire the land before the
preferential right of the owner is extinguished. These principles will
also apply mutatis mutandis to the case in hand.