Slum Rehabilitation Dispute: Supreme Court Upholds High Court’s Decision on Pune Slum Area

The case of Kantabai Vasant Ahir & Ors. v. Slum Rehabilitation Authority & Ors. revolved around the declaration of land as a Slum Rehabilitation Area under the Maharashtra Slum Areas (Improvement, Clearance, and Redevelopment) Act, 1971. The Supreme Court dismissed the appeals, upholding the High Court’s decision that the entire 5168.50 sq. mts. of land should be treated as a Slum Rehabilitation Area.

Background of the Case

In 2006, the Slum Rehabilitation Authority (SRA) declared 5168.50 sq. mts. of land in Wadgaon Sheri, Pune, as a Slum Rehabilitation Area. A clearance order under Section 3D of the Maharashtra Slum Areas Act followed in 2009. The appellants challenged these orders, arguing that a portion of 1045.50 sq. mts. had never been officially declared as a slum area under Section 4 of the Act.

The Tribunal partially allowed the appeals, setting aside the SRA’s orders concerning the 1045.50 sq. mts. of land. However, the High Court overturned this ruling, reinstating the SRA’s orders for the entire area. The appellants then approached the Supreme Court.

Arguments by the Appellants

The appellants contended:

• The 1045.50 sq. mts. of land had never been declared a slum area under Section 4 of the Act.
• A declaration under Section 4 is a prerequisite for any subsequent action under Chapter I-A of the Act.
• The SRA’s decision violated principles of natural justice as no notice was given before the declaration.
• The High Court erroneously relied on prior judgments related to Development Control Regulations.

Arguments by the Respondents

The respondents, including the Slum Rehabilitation Authority, argued:

• Chapter I-A of the Act is a separate mechanism for slum rehabilitation, distinct from Chapter II.
• There is no legal requirement for a Section 4 declaration before declaring an area under Section 3C.
• The appellants had participated in the survey and had an opportunity to present objections.
• The 1045.50 sq. mts. was adjacent to the declared slum area and necessary for effective rehabilitation.

Supreme Court’s Observations

The Supreme Court, led by Justices L. Nageswara Rao and Hemant Gupta, ruled:

“It is not necessary that an area should be notified under Section 4 as a slum area before proceedings under Chapter I-A are initiated. The declaration under Section 3C is independent of Section 4.”

The Court further held:

“There is no requirement of issuance of notice prior to the declaration under Section 3C. The Tribunal committed an error in relying upon Section 36 to hold that the appellants were entitled to a notice before the order was passed.”

The judgment also highlighted that the land in question was necessary for the proper execution of the Slum Rehabilitation Scheme, as provided under the Special Rules and Regulations applicable to Pune.

Final Judgment

The Supreme Court dismissed the appeals, confirming that:

• The entire 5168.50 sq. mts. remains a Slum Rehabilitation Area.
• There was no legal requirement to issue a Section 4 declaration before proceeding under Section 3C.
• The appellants’ objections were without merit.

Conclusion

This ruling clarifies the interpretation of the Maharashtra Slum Areas Act, emphasizing that Slum Rehabilitation Authority decisions under Chapter I-A do not require prior declarations under Section 4. It ensures that slum redevelopment projects proceed efficiently without unnecessary legal hurdles.

Petitioner Name: Kantabai Vasant Ahir & Ors..
Respondent Name: Slum Rehabilitation Authority & Ors..
Judgment By: Justice L. Nageswara Rao, Justice Hemant Gupta.
Place Of Incident: Pune, Maharashtra.
Judgment Date: 18-10-2019.

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