LexJYOTI BUILDERS versus CHIEF EXECUTIVE OFFICER & ORS.
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[2025] 12 S.C.R. 317 : 2025 INSC 1372 Jyoti Builders v. Chief Executive Officer & Ors. (Civil Appeal No. 14512 of 2025) 02 December 2025 [J.B. Pardiwala* and K.V. Viswanathan, JJ.] Issue for Consideration Whether a mandamus should be issued to the State Government to acquire the subject property in accordance with s.14(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 keeping in mind the order dated 26.02.2015 (2015 order) passed by the Chief Executive Officer-Slum Rehabilitation Authority (SRA); whether the appellant is entitled to full Occupation Certificate for the final sale building in the slum scheme upon handing over the portion of land admeasuring 2700 sq. mts. meant for Recreational Ground (RG) identified as the dark green portion; whether the appellant has been fully compensated by granting an equivalent and/or adequate area (FSI) for sale by the State Government. Headnotes† Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 – s.14 r/w s.3D(c)(i) – Under the Development Plan of 1991 for Mumbai, the Subject Property was reserved for Recreational Ground (RG) – In 2015, an order was passed by respondent No.1-SRA after giving notice to and hearing to all the concerned including the respondent No.5 (the then owner) inter alia holding that the Slum Scheme of the appellant-builder had substantially been implemented on the entire area covering the Project Property (including the Subject Property) and the Subject Property was liable to be acquired in the interest of the slum scheme and the slum dwellers on the Subject Property had to be rehabilitated by the appellant – Respondent No.5 transferred her title rights in the subject property in favour of the respondent No.4 who floated its own proposal for implementation of the slum rehabilitation scheme – Writ * Author 318 [2025] 12 S.C.R. Supreme Court Reports petition filed by the appellant questioning the orders passed by the SRA granting sanction to the respondent No.4 and refusal to implement the 2015 Order and; seeking a mandamus for the acquisition of the subject property relying on the SRA’s 2015 order – Dismissed by High Court – Challenge to: Held: Power of the State Government u/s.14 r/w s.3D(c)(i), Slum Act is subject to preferential right, if any, of the owner – It is undisputed that when the respondent No.4 submitted its proposal for development of the subject property in 2022, the same was accepted in accordance with law as there was no slum scheme proposal on the subject property – On facts, no case made out by the appellant for a writ of mandamus to be issued to the State Government to acquire the subject property u/s.14, Slum Act – Appellant is entitled to the Occupation Certificate for the Final Sale Building in the slum scheme on the appellant handing over the Dark Green Portion admeasuring 2700 sq. mts. reserved for RG – Further, the appellant has been fully compensated by granting adequate area/FSI for sale – Respondent No. 4, their successors and assigns shall not put up any type of construction on the subject property and the same shall be utilized only as a RG. [Paras 67, 77] Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 – Maharashtra Regional Town Planning Act, 1966 – Development Control Regulations, 1991 – Scheme of the Slum Act, 1971. [Paras 60-62] Case Law Cited Tarabai Nagar Co-Op. Hog. Society (Proposed) v. State of Maharashtra & Ors. [2025] 8 SCR 1193 : 2025 SCC OnLine SC 1795; Saldanha Real Estate Pvt. Ltd. v. Bishop John Rodrigues & Ors., 2025 SCC OnLine SC 1794 – relied on. State of Uttar Pradesh v. Jogendra Singh [1964] 2 SCR 197 : 1963 SCC OnLine SC 96; State of Tamil Nadu v. Governor of Tamil Nadu & Anr. [2025] 4 SCR 985 : 2025 SCC OnLine SC 770 – referred to. Citispace & Ors. v. State of Maharashtra, Order passed by the Bombay High Court dated 31.07.2002 in Writ Petition No. 1152 of 2002 – referred to. [2025] 12 S.C.R. 319 Jyoti Builders v. Chief Executive Officer & Ors. List of Acts Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971; Maharashtra Regional Town Planning Act, 1966; Development Control Regulations, 1991. List of Keywords Section 14, Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971; No mandamus can be issued to State Government to acquire property under Section 14, Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971; Recreational Ground;
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