Supreme Court Upholds Writ of Mandamus Against Authorities Under Maharashtra Slum Areas Act
The Supreme Court has held that a writ of mandamus lies against concerned authorities under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, if they fail to perform their statutory duty of ensuring project completion within
Maharashtra Slum Areas ActWrit Of MandamusReal Estate DevelopersSlum RehabilitationSupreme CourtJudgementReal Estate MaharashtraJul 31, 2024
The Court's decision came in a civil appeal relating to the common battles between competing real estate developers under the pretext of rehabilitating slum dwellers. The two-judge bench comprising Justice P.S. Narasimha and Justice Aravind Kumar observed that Section 13(2) of the Act specifically empowers the competent authority to re-determine the agreement if it is satisfied that the re-development has not been done within the time specified.
The bench held that the provision is certainly a statutory incorporation of time integrity in the performance of the duty. The Court recognized this as a statutory duty of the competent authority to ensure that the project is completed within the prescribed time. The Court further held that a writ of mandamus would lie against the concerned authorities if they do not perform the statutory duty of ensuring that the project is completed within the time prescribed.
The Court also discussed the scope of judicial review against an order under Section 13 of the 1971 Act, which provides the power to the competent authority to redevelop clearance area. The Court noted that the delay of 8 years in resolving disputes with a competing builder cannot be a justification under any circumstance and that the appellant is a developer and fully understands the process of obtaining environmental clearances while other sanctions and permissions are pending.
The Court emphasized that the execution of the project under the Slum Rehabilitation Scheme cannot be viewed as a real estate development project. There is a public purpose involved, and that is inextricably connected to the right to life of some of our brother and sister citizens who are living in pathetic conditions.
The Court remarked that this case has provoked it to reflect on the working of the 1971 Act. The Court enunciated that the said Act is a beneficial legislation, intended to materialize the Constitutional assurance of dignity of the individual by providing basic housing, so integral to human life, however, the propensity and the proclivity of the statute to generate litigation are worrisome.
The Court also elucidated that the Executive branch has a constitutional duty to ensure that the purpose and object of a statute is accomplished while implementing it and it has the additional duty to closely monitor the working of a statute and must have a continuous and a real-time assessment of the impact that the statute is having.
The Court requested the Chief Justice of the Bombay High Court to constitute a bench to initiate suo motu proceedings for reviewing the working of the statute to identify the cause of the problems. The Court left it to the High Court to devise such methods as it deems fit and appropriate.
The Supreme Court dismissed the appeal and imposed a cost of Rs. 1 lakh, payable to the Supreme Court Mediation and Conciliation Project Committee.
The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, is a beneficial legislation intended to provide basic housing to slum dwellers. The Act empowers the competent authority to redevelop clearance areas and ensures that the project is completed within the prescribed time.
Information
The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, was enacted to provide for the improvement, clearance, and redevelopment of slum areas in the state of Maharashtra. The Act aims to provide basic housing to slum dwellers and ensure their rehabilitation.
Frequently Asked Questions
What is the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971?
The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, is a beneficial legislation intended to provide basic housing to slum dwellers.
What is the purpose of the Maharashtra Slum Areas Act?
The purpose of the Maharashtra Slum Areas Act is to provide for the improvement, clearance, and redevelopment of slum areas in the state of Maharashtra.
What is the role of the competent authority under the Maharashtra Slum Areas Act?
The competent authority under the Maharashtra Slum Areas Act is empowered to redevelop clearance areas and ensure that the project is completed within the prescribed time.
Can a writ of mandamus be issued against concerned authorities under the Maharashtra Slum Areas Act?
Yes, a writ of mandamus can be issued against concerned authorities under the Maharashtra Slum Areas Act if they fail to perform their statutory duty of ensuring project completion within the prescribed time.
What is the Supreme Court's view on the Maharashtra Slum Areas Act?
The Supreme Court has held that the Maharashtra Slum Areas Act is a beneficial legislation, intended to materialize the Constitutional assurance of dignity of the individual by providing basic housing, so integral to human life.
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