NDLI: Lullu Vas (since Deceased) Through Lrs Vs. State of Maharashtra & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1971 High Power Committee (HPC) predecessor-in-interest Maharashtra Slum Areas Act earnest money
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Maharashtra Slum Areas (improvement, Clearance and Redevelopment Mumbai Municipal Corporation Act, 1888 (3 of 1888) Transfer of Property Act, 1882 (4 of 1882) 1971 (28 of 1971)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Maharashtra Slum Areas Act, 1971 – Disputed property vested in the Municipal Corporation of Greater Mumbai (MCGM-respondent no.2) – Appellants’ predecessor-in-interest submitted application to MCGM seeking lease of the said land and paid earnest money – Slum structures pre-existing on the said land –1971 Act enacted – Said area entitled for redevelopment – Slum dwellers formed co-operative housing society (respondent no.4) –Slum rehabilitation of the said area approved by the Slum Rehabilitation Authority (SRA) by issuing Letter of Intent (LoI) vide order dtd.16.06.1999 – Respondent no.4 appointed developer(respondent no.5) for implementation of slum rehabilitation scheme and build new flats – Writ petition filed before High Court,challenging order dtd.16.06.99 – Liberty to the appellants to file representation before the High Power Committee (HPC) – HPC vide order dtd. 20.06.09 directed SRA to pass orders on merits – SRA revalidated the LoI in favour of the respondent nos.4 &5– HPCvide order dtd. 05.02.11 set aside the said order – MCGM issued letter dtd. 17.01.15 withdrawing its earlier orders claimed as acceptance of the claim of appellants’ predecessor-in-interest aslessees – Appellants filed suit challenging letter dtd.17.01.15– Suit pending adjudication – Respondent nos.4&5 filed writ petition challenging order dtd 05.02.11 – High Court set aside the order dtd 05.02.11 allowing the respondents to proceed with there development – On appeal, held: At this stage of litigation, Court not inclined to resolve conflicts of evidence on affidavit or to decide questions of law on merits which call for detailed scrutiny, as these issues are the subject matter of the trial – Adjudication of thedispute, presently before the Court has to be based on principles of equity – Very basis of the appellants’ right, i.e. the lease deed, is itself disputed as there exists no registered document to that effect–Appellants averred that their name appears in the Estate Department records as lessees– HPC’s order dtd. 20.06.09 declared the appellants to be lessees for 999 years – Said order not challenged by the respondents, it has now attained finality – This very issue isthe subject matter of the pending civil suit– Refrained from making any observations regarding the same – Balance of convenience tiltsin favour of the respondents, as the completion of the scheme is in greater public interest – However, appellants contend that they have paid consideration in exchange of the lease-hold right which is the subject matter of the trial – Appellants granted liberty to make such prayer, supported by relevant materials, before the trial court in the pending suit – Any observation made by the High Court affecting he merit of the matter, set aside – Not necessary to pass any orders in the Contempt Petition preferred by the appellants and the same is disposed of – Development Control Regulations – Regulation 33(10) – Equity.
Judge	Honble Mr. Justice N.V. Ramana
Neutral Citation	2019 INSC 255
Petitioner	Lullu Vas (since Deceased) Through Lrs
Respondent	State Of Maharashtra & Ors.
SCR	[2019] 4 S.C.R. 454
Judgement Date	2019-02-22
Case Number	1973

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