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Bombay HC – Section 3E of the Slum Act – Eviction for transfer of Tenement

August 7, 2026 legaldeli

Section 3E of the Slum Act – Restrictions on transfer of tenements

Judgment dated 31.7.2026 of the High Court of Bombay in Writ Petition No.9247 of 2016 of Chhaya Kashinath Shinde Vs. The State of Maharashtra and others

Original allottee of the rehabilitation flat was not residing in the allotted flat. Cancellation of allotment and order for eviction.

Transfer of tenement in breach of Section 3E is illegal.

The scope of inquiry under Section 3E is confined to the question whether the allotted rehabilitation tenement has been transferred in breach of the statutory restriction. It is not a proceeding for deciding rival claims regarding eligibility or allegations of fraud while preparing Annexure II. Such questions may have relevance in separate proceedings, but they cannot conclude the issue arising under Section 3E. Therefore, these allegations cannot decide the present controversy.

The object of Section 3E is not confined only to preventing direct transfers through registered sale deeds, gift deeds or lease deeds. The Legislature has adopted wider language so that indirect methods of transferring the rehabilitation tenement also do not escape the prohibition.

Bombay HC – Executing Court Powers to Grant Injunction Pending Partition by Collector

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