Fundamental Rights.
Article 21 , 19(1) (e) & (g) - Pavement and slum
dwellers Forcible eviction and removal of their hutments
under Bombay Municipal Corporation ... writ petitions Nos. 4610-12/81 live
on pavements and in slums in the city of Bombay. Some of the
petitioners in the second batch
with no proper means of dealing
with the domestic effluents, or in slums with no care for
hygiene the problem becomes more complex.
Establishment ... creating of slums, it seems, appears
to be good business and is well organised. The number of
slums has multiplied in the last few years
Slum Areas-Improvement and clearance of Validity of
enactment-Constitutionality-Rent Control-Operation of Rent
Control Act in areas governed by Slum Areas Act-Delhi ... Ajmer Rent Control Act, 1952 (38 of 1952)- Slum Areas
(Improvement and Clearance) Act, 1956 (96 of 1956), s. 19-
Constitution of India, Arts
Constitution Bench had considered the right to dwell on
pavements or in slums by the indigent and the same was
accepted as a part ... will be deprived of their livelihood if they are evicted
from their slum and pavement dwellings. Their eviction
tantamount to deprivation of their life
CITATOR INFO :
RF 1991 SC1117 (15)
ACT:
Natural justice- Mysore Slum Areas (Improvement and
Clearance) Act, 1958 Validity of the notifications issued
under ... notification in the
official Gazette, declare such area to be a slum area-
Section 9(1) reads as under
"(1) where the competent authority
Slum Areas (Improvement and Clearance) Act, 1956 -- Ss. 19
and 39 Delhi Rent Control Act, 1958 Ss. 14A, 25A,
25B--scope of.
Interpretations ... same field--Con-
flict--How resolved.
HEADNOTE:
Section 19 of the Slum Areas (improvement and Clear-
ance) Act 1956 provides that notwithstanding anything con-
tained
plots. Huts, sheds and stables had been built on
those plots by slum dwellers., Since the appellant-
Corporation took no action for implementing the scheme ... appellant, called upon the appellant to
implement it by removing the Slums, etc., and to provide
roads and drains as directed in the scheme
practically of
its content. [621 H; 622 A-D].
The object of slum clearance for which the land was stated
to have been acquired under ... urgent demand so
as to find a way out to clear up slums, the Act as finally
evolved was not confined to any
LlSup
Delhi Rent Control Act 1958 whether ultra
vires Article 14.
Slum Areas (Improvement and Clearance) Act 1956, s, 19
Delhi Rent Control ... Rent Act-prior permission of Competent
Authority under Slum Clearance Act -Whether necessary.
HEADNOTE:
The appellant-tenant was inducted into the suit
premises
occupants)
Act, 1971, Delhi Rent Control Act, 1958 (59 of 1958) & Slum
Areas (Improvement and Clearance) Act 1956-over-riding
effect of Acts ... differently worded.
Apart from the Rent Act section, Section 19 of the Slum
Areas (Improvement and Clearance) Act, 1956 which is also a
Special
