VidhiSangh

Supreme Court of India · 02/12/2025

JYOTI BUILDERS versus CHIEF EXECUTIVE OFFICER & ORS.

[2025] 12 S.C.R. 317 · 2025 INSC 1372

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A slum developer sought a mandamus requiring the State to acquire, under Section 14 of the Maharashtra Slum Areas Act, 1971, a 2,005 sq. m. plot reserved as a recreational ground, relying on a 2015 order of the CEO-SRA. Meanwhile the owner had sold the plot to another developer. The Supreme Court refused the mandamus: the acquisition power is subject to the owner's preferential right to redevelop, and it was too late to act on the 2015 order. It directed issue of the developer's occupation certificate on handover of a separate 2,700 sq. m. RG plot, held the developer fully compensated through sale FSI, and barred any construction on the disputed plot, which must remain a recreational ground.

Issues

  1. Whether a mandamus should issue to the State Government to acquire the subject property under Section 14(1) of the Slum Act in terms of the CEO-SRA's order dated 26.02.2015.
  2. Whether the appellant is entitled to a full Occupation Certificate for its final sale building on handing over the 2,700 sq. m. portion reserved as Recreational Ground.
  3. Whether the appellant has been fully compensated by grant of equivalent sale area/FSI for rehabilitating the slum dwellers of the subject property.

Provisions considered

Held

Result

Appeal disposed of: prayer for mandamus to acquire the subject property refused; SRA directed to issue the Occupation Certificate for the final sale building within four weeks on the appellant handing over the 2,700 sq. m. RG portion; appellant held fully compensated; respondent No. 4 and its successors restrained from any construction on the subject property, which shall remain a Recreational Ground; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2025] 12 S.C.R. 317.