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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
Bombay High Court Cites 74 - Cited by 6 - G S Kulkarni - Full Document

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
Bombay High Court Cites 0 - Cited by 0 - M M Sathaye - Full Document
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