VidhiSangh

Supreme Court of India · 27/02/2025

MANSOOR ALI FARIDA IRSHAD ALI & OTHERS versus THE TAHSILDAR-I, SPECIAL CELL & OTHERS

[2025] 2 S.C.R. 1703 · 2025 INSC 276

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Summary

Occupants of a plot under a slum rehabilitation scheme challenged an eviction notice issued by the Slum Rehabilitation Authority under Sections 33 and 38 of the Maharashtra Slum Areas Act, 1971, contending that the plot was a MHADA layout to be redeveloped under Regulation 33(5) DCR and that no slum notification had been issued. The Court held that a censused slum falls within the definition of slum under Regulation 33(10) DCR without any separate notification under Section 4 of the Slum Act, that the plot was not a MHADA layout, that the unchallenged AGRC order had attained finality, and dismissed the appeals.

Issues

  1. Whether a plot admittedly owned by MHADA but declared a censused slum must be redeveloped by MHADA under Regulation 33(5) DCR rather than by the Slum Rehabilitation Authority under Regulation 33(10) DCR.
  2. Whether redevelopment under the Slum Act requires a separate notification declaring the area a slum under Section 4 of the Act when the area is a censused slum.
  3. Whether the appellants could challenge the second eviction notice when the earlier notice had been affirmed by the Apex Grievance Redressal Committee in an order they never challenged.
  4. Whether appellants who were not parties before the High Court could obtain relief directly from the Supreme Court.

Provisions considered

Held

Result

Appeals dismissed; the High Court's order dated 04.01.2023 declining to interfere with the eviction notice dated 06.12.2022 upheld. Pending applications disposed of; interim orders vacated.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 1703.