SC Upholds Landowner’s Preferential Right in Slum Redevelopment
The subject property of land admeasuring 2,005 sq.mts was owned by F.E. Dinshaw Trust. There were hutments.
On 26.11.1987, the property was declared as slum under Section 4 of the Slum Act, 1971.
On 25.3.1991, the said slum was reserved for Recreational Ground in the Development Plan of 1991.
On 18.9.1991, the respondent no.5 claims to have purchased the land under a distressed sale and by the MoU dated 9.2.1992, agreed for sale of the land to the predecessors of the appellants.
SRA granted consent for redevelopment.
On 3.9.1997, the SRA issued Letter of Intent for slum scheme on the larger property including the subject land.
On 9.8.2005, the revised LoI was issued in favour of the appellants after they have acquired rights in the land.
On 8.6.2004, SRA had published the public notice.
Thereafter, four rehabilitation buildings were constructed between 2005 and 2011 and the occupation certificates for the fifth building was issued in the year 2022. On 26.2.2015, the SRA passed detailed order on implementation of the slum scheme.
On 26.3.2022, the respondent no.5 sold the land to the respondent no.4. The respondent no.1 granted sanction to the respondent no.4.
In this background, the appellant filed writ petition for acquisition of the land as per the Order dated 26.2.2015.
Judgment dated 2.12.2025 of the Supreme Court of India in Civil Appeal No.14512 of 2025 of Jyoti Builders Vs. Chief Executive Officer, SRA and others
