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Vali Mohammed Ibrahim Kherani And Ors vs Slum Rehabililation Authority Thr ... on 4 August, 2023 cites

High Court On Its Own Motion ( In The ... vs Bhiwandi Nizampur Municipal ... on 26 February, 2022

This is nothing but legalizing encroachments on prime public lands, in a manner nullifying the "public trust doctrine" and catering to private gains in the teeth of the well established Constitutional requirements while dealing with State largesse. By such mechanism, valuable public lands are Page 27 of 54 19th & 20th June 2023 ::: Uploaded on - 05/08/2023 ::: Downloaded on - 06/08/2023 02:05:10 ::: KOLEKALYAN SRA PROJECT - BUDHPUR BUILDCON-HDIL 20230620-2-oswpl-7714-2023+-F4.doc gone forever. Given the financial burden on the public exchequer it is impossible for the government to acquire such prime land for any public requirement except at an unimaginable burden on the public exchequer. If such land acquisition cannot be achieved, in that case, is it not the duty of the State to save these lands from being thrown to the encroachers and private gains? Is it necessary that the encroachers are rehabilitated on the same land, when others who want to purchase a small dwelling unit are required to go miles away from such prime places, where encroachments on public land happen with impunity? There cannot be such an imbalance in the societal position in which the citizens are placed when Article 14 of the Constitution stares at the State. Merely because the slums turn into potential 'vote banks' such policy of rehabilitation on hypothetical cut off dates is being implemented under the garb of slum rehabilitation. This, in our opinion, is a mockery of the public trust doctrine. We were constrained to make these observations, as not only these larger issues stare at us in plethora of litigations reaching the Courts, but also for the reason that the building collapse with which we are concerned has taken place in a purported rehabilitation and/or a slum area.
Bombay High Court Cites 54 - Cited by 24 - G S Kulkarni - Full Document

Sapphire Enterprises And 2 Ors vs State Of Maharashtra Through Housing ... on 17 April, 2023

22. We cited Jilani Building in our order of 17th April 2023 in Sapphire Enterprises & Ors v State of Maharashtra & Ors. 3 As a bench of coordinate strength, we are bound by the ratio in both Patvekari and Jilani Building; but we go further, lest it be argued that the 'observations' in Patvekari and Jilani Building are not binding, and 3 Writ Petition No. 1654 of 2021. Page 28 of 54 19th & 20th June 2023 ::: Uploaded on - 05/08/2023 ::: Downloaded on - 06/08/2023 02:05:10 ::: KOLEKALYAN SRA PROJECT - BUDHPUR BUILDCON-HDIL 20230620-2-oswpl-7714-2023+-F4.doc we emphatically re-affirm those observations. We adopt them as our own. It is our understanding that these are not stray observations in passing but set out the correct position in law and under the Constitution.
Bombay High Court Cites 4 - Cited by 4 - N K Gokhale - Full Document
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