Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Slum Areas |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Maharashtra Slum Areas (improvement, Clearance and Redevelopment 1971 (28 of 1971) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Issue for consideration: An entirely private arrangement was arrived at between the Developer on the one hand and some of the hutment dwellers on the other. Slum Rehabilitation Authority had no role to play in it. Is private agreement as such enforceable against the statutory mandate of the Slum Rehabilitation Authority. Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 – Slum Rehabilitation Authority (SRA) issued a Letter of Intent in favour of Developer for residential tenements – In 2007, the project was stalled by a minority section of the slum dwellers (appellant society) – The Developer filed a civil suit seeking injunction against obstructers – During the pendency of the suit an MoU was signed between them, whereby the appellant society undertook to enforce self-development rehabilitation with cooperation of the developer – Towers which the appellant-society undertook to construct or supervise their construction were towers D, E and F, which were then to be occupied exclusively by the members of the appellant society – Pursuant to MOU, the appellant-society approached SRA to do allotment as per the settlement – Propriety:Held: The Civil Suit was at the behest of the developers against individual society and SRA was not made party to these proceedings – Private agreements cannot be enforced in Slum Rehabilitation Schemes as against the statutory mandate of the SRA – The claim of the appellant was based entirely on terms of consent arrived between the Developer and them, which has no basis in law – SRA has to act in terms of its own policies and circulars without allowing private or contractual interests to prevail over public policy especially a policy which is welfare based – It is also Circular No.162 dated 23.10.2015, that allotment will be done by draw of lots for all the hutment dwellers and same was sought to be followed by the SRA – The appellant society though has filed two Writ Petitions subsequently in connection with the procedure for allotment undertaken by the SRA, yet it has not challenged the validity of Circular No. 162, instead it has sought to impose its private contractual rights over and above the statutory provisions which is not permissible – SRA directed to carry out the allotment of flats in accordance with law. [Paras 20, 21,22,23, 25,26] |
Judge | Hon'ble Mr. Justice Sudhanshu Dhulia |
Neutral Citation | 2023 INSC 1080 |
Petitioner | Sayunkta Sangarsh Samiti & Anr |
Respondent | The State Of Maharashtra & Ors. |
SCR | [2023] 16 S.C.R. 724 |
Judgement Date | 2023-12-15 |
Case Number | 1359 |
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