Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1971 Maharashtra Slums Clearance & Improvement Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Urban Development:Maharashtra Slums Clearance & Improvement Act, 1971: Commercial structures/shops in slum area - Demolition of - Issuance of notice by the authority to demolish shops allegedly without following mandatory requirements in terms of provisions under MRTP Act - Order for demolition passed by the authority - Challenge to - Dismissed by High Court - On appeal, Held: The main grievance of appellant-company was that they were not aware of the materials relied on by the High Court - Under the circumstances it would be appropriate to remand the matter to High Court for disposal afresh - Direction issued - Monopolies and Restrictive Trade Practices Act - Ss. 52 and 53.Appellants' case was that they constructed commercial structures consisting of shops in a slum area; one of their shop, a single storey structure was in existence long before the notified date fixed for protecting existing structures under the Maharashtra Slums Clearance & Improvement Act, 1971; respondent No.3, authority, wanted to evict the appellant-tenant from the said shop with ulterior motive and malafide intention in order to give respondent No.4, a Hotel, direct access, on the Highway; respondent No.3 camouflaged a notice to demolish the structure on non-existing grounds without fulfilling the mandatory requirement of at least 30 days notice as required under Section 53(1) of the MRTP Act and without conducting any enquiry as to whether there existed any ground under Section 52(1) of MRTP Act to demolish the structure, directed the appellant to demolish the structure/shop. The writ petition filed by the appellant challenging the action of the authority was dismissed by the High Court; Review Petition filed by the appellant was also dismissed by the High Court; In the meantime, an order was passed by the authority providing respondent No.4 access on the main Highway after demolishing the shop/shops. The appellant approached the High Court by filing another writ petition, which was dismissed by the Division Bench of the High Court. Hence, the present appeals. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2007 INSC 1238 |
Petitioner | M/s Trig Guards Force Ltd. |
Respondent | Maharashtra Indus. Dev. Corpn. & Ors. |
SCR | [2007] 12 S.C.R. 1044 |
Judgement Date | 2007-12-06 |
Case Number | 984 |
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