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1 - 10 of 20 (1.30 seconds)Section 14 in The Slum Areas (Improvement And Clearance) Act, 1956 [Entire Act]
The Slum Areas (Improvement And Clearance) Act, 1956
Indian Cork Mills Pvt.Ltd vs The State Of Maharashtra And 2 Ors on 13 June, 2018
(i) The acquisition of land in question bearing Old Survey No.81, Hissa No.
(part), CTS No.270 (part) admeasuring 1,201 square yards situated at Bhandup
Village Road, Opposite Bhatia Hospital, Mumbai-400078 vide notification dated
13th October 2015 is quashed and set aside, being arbitrary, illegal and contrary to
the decisions of this Court in Indian Cork Mills Pvt. Ltd. (supra) , Bishop John
Page 27 of 28
Manish Thatte
Article 300A in Constitution of India [Constitution]
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]
Bishop John Rodrigues vs State Of Maharashtra And 4 Ors on 9 October, 2023
4.WP.942.2024.DOC
Executive Officer, Slum Rehabilitation Authority would trigger only when the land
is declared as slum rehabilitation area. The Chief Executive Officer would have
jurisdiction to make representation to the State Government under Section 14(1)
of the Act to enable the SRA to carry out development under the slum
rehabilitation scheme, only when the area is a slum rehabilitation area as explicitly
provided under sub-section (1) of Section 14. As consistently held by this Court in
Indian Cork Mills Pvt. Ltd. vs. State of Maharashtra (supra) , as also the decision in
Bishop John Rodrigues vs. The State of Maharashtra (supra), it was necessary that
the owner of the land (petitioner) be granted an opportunity of being put to a
notice that the petitioner would be required to submit a proposal after declaration
of land as a slum rehabilitation area, so as to consider the owners's inclination to
redevelop his owner land and ameliorate the slums and only in the event, within
120 days of such notice, the owner was not to take steps to submit a proposal for
redevelopment, the jurisdiction to acquire the land could be exercised by the CEO
SRA/State Government. Thus, in recognizing the pre-emptory right of the owner
to redevelop the land and only if the landholders or occupants of such area do not
come forward within a time period 120 days from the issuance of such notice as
incorporated by virtue of amendment by the Maharashtra Act XXVIII of 2018,
only in that event, when SRA can order to determine to redevelop the land by
entrusting it to any agency and /or further steps can be taken to acquire the land.
This right created by law in favour of the owner under Section 13 (1) that an
opportunity be granted to the owners in terms of Section 13(1) is necessarily
required to be recognised, without which the provision as made in the statute
Page 25 of 28
Manish Thatte