Saturday, 27 March 2021

Whether it is permissible to club private land and Municipal Corporation land for declaring it as a slum area to approve a slum rehabilitation scheme?

 It is the appellants’ case that a total of 124 families
occupied dwellings in the slums existing over said plots. According
to Mr. Parikh the respondent authorities committed error of law in
treating the slum area over municipal plots and those over private
plots as one slum area. This, according to Mr. Parikh, deprived the
slum residents over private plots of having their own redevelopment
activity limited to private plots as per the wishes of 70% of its
occupants. As per his submission, by illegally declaring a common
slum area over two different kinds of lands, one owned by municipal
authority and the other by private persons, the rights of the
petitioners to have their own say has been diluted and adversely
affected. In other words, the major grievance of the appellants is
that the respondents have wrongly treated that there exists a
consent for redevelopment from 70% of the occupants. Such claim,
according to appellants, must be rejected and the appellants should
be allowed to have the redevelopment through a cooperative of occupants of private plots exclusively. 

 26. In view of discussions made above and on finding merit in the

submissions advanced on behalf of respondents we record our
agreement with the views expressed by the High Court that there is no illegality in clubbing of private land and Municipal Corporation land for declaring a contiguous area as a slum area for the purposes 
of approving a slum rehabilitation scheme for such area.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.9363 OF 2011

Balasaheb Arjun Torbole  Vs The Administrator & Divisional Commissioner


SHIVA KIRTI SINGH, J.
Citation; (2015)6SCC534, 
Read full Judgment here: Click here
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