Kantabai Vasant Ahir vs Slum Rehabilitation Authority

1. In exercise of the power under Section 3C of the Maharashtra Slums Areas (Improvement, Clearance and Re- development) Act, 1971 (hereinafter referred to as “the Act”), Respondent No.1 declared 5168.50 sq. mts. in Survey Nos. 27 and 28 (Part) at Ramwadi Wadgoan Sheri, Pune as Slum Rehabilitation Area by an Order dated 24.05.2006. The Slum Clearance Order under Section 3D of the Act was passed in respect of the aforementioned land on 01.09.2009. The above orders were subject matter of challenge before the Maharashtra Slum Areas (IC & R) [1] Tribunal, Mumbai in Appeal Nos.24 and 25 of 2014. The Appeals were partly allowed by the Tribunal. The aforementioned orders dated 24.05.2006 and 01.09.2009 were set aside only in respect of 1045.50 sq. mts. out of 5168.50 sq. mts. The order of the Tribunal was challenged by Respondent Nos. 1 and 2 in the High Court by filing a Writ Petition. The owner of the land, Respondent No.3 also filed a Writ Petition in the High Court questioning the legality of the order of the Tribunal. The High Court allowed both the Writ Petitions and set aside the order of the Tribunal. The High Court further declared that the slum rehabilitation area declaration and the slum clearance order would apply to the entire area of 5168.50 sq. mts. Dissatisfied with the judgment of the High Court, the Appellants are before us.

4. On 24.05.2006, Respondent No.1 passed an order declaring 5168.50 sq. mts. in Survey Nos.27 and 28 (Part) at Wadgaon Sheri (Ramwadi), Pune as a slum rehabilitation area. It was mentioned in the said order that 4123 sq. mts. [3] falling within Survey Nos.27 and 28 (Part) was already declared as a slum area on 10.11.1983. By adding 1045.50 sq. mts. of undeclared area with 4123 sq. mts. of declared area, the area of the Scheme was shown as 5168.50 sq. mts. Thereafter, an order was passed by Respondent No.2 under Section 3D read with Section 12(4) of the Act on 01.09.2009 declaring 5168.50 sq. mts. in Survey Nos. 27 and 28 (Part) as Slum Clearance Area. The Appellants filed C.S.No.97 of 2013 before the City Civil Court, Pune, for declaration that the property in dispute was not a slum area and that Respondent No.1 lacked jurisdiction to declare the area as a slum. Respondent No.1 appeared before the court and produced the Orders dated 24.05.2006 and 01.09.2009 passed under Section 3C and 3D of the Act. Thereafter, the Appellants filed Appeal Nos. 24 and 25 of 2014 questioning the Orders dated 24.05.2006 and 01.09.2009. As stated above, the Tribunal partially allowed the Appeals and set aside the Orders dated 24.05.2006 and 01.09.2009 to the extent of 1045.50 sq. mts. of land.

5. The Appellants were found by the Tribunal to be occupants of tenements in the disputed area and therefore, [4] are persons aggrieved as contemplated under Section 3C(2) of the Act. The Tribunal concluded that the Appellants were not given sufficient opportunity as provided in Section 36 of the Act before the order dated 24.05.2006 was passed. By holding that 1045.50 sq. mts. was not a declared area, the Tribunal set aside the Orders dated 24.05.2006 and 01.09.2009.

18. The order dated 24.05.2006, passed under Section 3C of the Act was held to be vitiated by the Tribunal due to non-compliance of Section 36 of the Act. The manner of service of every notice, order or direction issued under the Act is provided under Section 36. A plain reading of Section 3C of the Act discloses that the declaration of a Slum Rehabilitation Area requires to be published in the official gazette. The Slum Rehabilitation Order under Section 3C shall also be given wide publicity. An appeal to the [17] special Tribunal, against the Slum Rehabilitation Order, can be availed by any aggrieved person. Pursuant to the publication of the Slum Rehabilitation Scheme on 28.11.2005, a survey was conducted by the Slum Rehabilitation Authority to prepare a list of eligible slum dwellers. It has been stated in the counter affidavit filed by Respondent Nos. 1 & 2 that the Appellants participated in the said survey and showed willingness to be a part of the scheme. A list of eligible slum dwellers was published on 18.04.2006 and names of the Appellants were found in the list which was published by affixing the same at a conspicuous place in the area on 12.05.2006. After the order dated 24.05.2006 was passed, the Appellants submitted objections on 26.05.2006, 21.06.2006, 20.07.2006 and 07.08.2006. Thereafter, the Appellants filed appeal No.24 of 2014 under Section 3C (2) of the Act, challenging the order dated 24.05.2006 which was partially allowed.

order], and shall submit the [clearance order] to the Administrator for confirmation.”

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21. It is clear that even encumbered area shall be declared as a rehabilitation area provided the Slum Rehabilitation Authority requires the said area for implementation of the [20] Scheme. Admittedly, the disputed area of 1045.50 sq. mts. is adjacent to the declared area and is required for effective implementation of the Scheme. The contention of the Appellant that the declaration of 1045.50 sq. mts. under Section 3C of the Act is in colourable exercise of power is not acceptable. In view of the aforementioned findings, it is not necessary to deal with other contentions.

22. The Appeals are dismissed accordingly.

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