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2025GeneralLatestLegalMarch 2025Real EstateSupreme Court

Sections 33 & 38 of the Maharashtra Slums Act, 1971

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In 2010, the SRA sanctioned rehabilitation scheme and appointed respondent no.3 Developer to redevelop the area of the proposed society respondent no.9 Bharat Ekta Cooperative Society.

By the notice dated 28.1.2019 under Sections 33 and 38 of the Maharashtra Slums Act, 1971, the appellants were directed to vacate their premises within 15 days for redevelopment of the slum area.

The Apex Grievance Redressal Committee dismissed the challenge under Section 35(1A) vide order dated 12.6.2019.   This was not challenged and became final.

Again on 6.12.2022, the notice was issued to vacate premises within 48 hours.

This was challenged in the writ petition which was dismissed on 4.1.2023.

HELD that there were as many as 2965 slum structures and 2625 were found to be eligible for rehabilitation.  Bharat Ekta Society is a bona fide society consisting of 261 slum dwellers and more than 70% of the eligible slum dwellers have taken considered decision for redevelopment of their slums.   The project was not only sanctioned but reached advanced stage.  At this stage, the appellant cannot be allowed to disturb the ongoing project as it would defeat the purpose of redevelopment for benefit of large number of eligible slum dwellers.

Judgment dated 27.2.2025 of the Supreme Court of India in Civil Appeal No…. of 2025 (SLP [Civil] No.1665 of 2023) of Mansoor Ali Farida Irshad Ali and others    Vs.  The Tahsildar-I, Special Cell and others with connected matters.

 

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