SUSME BUILDERS PVT. LTD. versus CHIEF EXECUTIVE OFFICER, SLUM REHABILITATION AUTHORITY AND ORS.

Citation: [2018] 1 S.C.R. 1 · Decided: 04-01-2018 · Supreme Court of India · Bench: MADAN B. LOKUR, DEEPAK GUPTA

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A
B
C
D
E
F
G
H
1
1
[2018] 1 S.C.R. 1
SUSME BUILDERS PVT. LTD.
v.
CHIEF EXECUTIVE OFFICER, SLUM REHABILITATION
AUTHORITY AND ORS.
(Civil Appeal No. 18121 of  2017)
JANUARY 04, 2018
[MADAN B. LOKUR AND DEEPAK GUPTA, JJ.]
Slum Dwellers:
Rehabilitation of slum dwellers – 800 slum dwellers in Mumbai
– Relief of rehabilitation – Slum dwellers, who are also owners of
the land, formed a society – Agreement between the society and
appellant-developer to develop the slums and rehabilitate the slum
dwellers in proper accommodation in the year 1986 – Thereafter,
various agreements between the Society and developer – Developer
to obtain consent of 70% slum dwellers in terms of amended DCR –
However, the developer not developing project as per the agreement
– Society entered into an agreement with respondent no. 4, which
was subsequently terminated and appellant again appointed as the
developer – Dispute between the appellant and respondent no. 4 –
Matter before Supreme Court, wherein former judge of Supreme
Court appointed to verify the factum of consentum of the eligible
slum dwellers – Report to the effect that both the developers failed
to show that they had obtained 70% consent – Held: It is our duty
to ensure that these owners who also happen to be slum dwellers do
not live in sub-human conditions for eternity – Appellant delayed
the project, and respondent no. 4 obtained the consent of society
members by holding out a false promise of a larger flat – Thus, both
the contesting developers not entitled to any relief – 800 slum
dwellers, in addition to the flats, to be given compensation for the
land owned by them – In exercise of power u/Art. 142, directions
issued to Slum Redevelopment Authority-SRA to invite letters from
renowned builders/developers, for rehabilitation of all eligible
occupiers/slum dwellers within the stipulated period – Maharashtra
Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
– Development Control Regulations for Greater Bombay, 1991 –
Development Control Regulations, 1997 – Constitution of India –
Art. 142.
A
B
C
D
E
F
G
H
2
SUPREME COURT REPORTS
[2018] 1 S.C.R.
Rehabilitation of 800 slum dwellers – Various agreement
between the slum dwellers and appellant-developer to develop the
slums and rehabilitate the slum dwellers – In terms of amended DCR,
the developer to obtain consent of 70% slum dwellers – However,
project not developed as per the agreement – Dispute between the
appellant and respondent no. 4-new developer – Matter before
Supreme Court, wherein former judge of Supreme Court appointed
to verify the consent of the slum dwellers in praesenti – Scope, ambit
and effect of the said order– Held: Intention of the Court, will have
to be deduced from the entire order – Phrase “there should be
appropriate verification of the consent of the eligible slum dwellers
in praesenti” cannot be read in isolation – It has to be read in the
context of the contention of the contesting parties that each one of
them had the consent of more than 70% of the slum dwellers – This
Court was not oblivious of the requirements of the Slum Act though
may not have explicitly mentioned 70% in its order – It is clear that
the judge had understood that he was to ascertain whether 70% of
the eligible slum dwellers are in favour of the redevelopment scheme
signed with the appellant or with respondent no. 4 – Holistic reading
of the order admits of no other meaning – Admittedly, neither the
appellant nor respondent no. 4 received 70% support of slum
dwellers, as such, the said order cannot be taken to its logical
conclusion.
Maharashtra Slum Areas (Improvement, Clearance and
Redevelopment) Act, 1971:
s.13(2) – Power of Competent Authority to redevelop clearance
area – Held: Under s.13(2), the Slum Redevelopment Authority-
SRA has the authority to take action and hand over the development
of land to some other recognized agency under three circumstances-
when there is contravention of the plans duly approved; when there
is contravention of any restriction or condition imposed under sub-
section 10 of s. 12; and when the development has not taken place
within time, if any, specified – On facts, slum dwellers are virtually
the owners of the land as members of the owner Society, the SRA
had the power u/s. 13(2) to issue the order of setting aside the
appointment of the appellant as developer.
s.3A(3)(c) and (d) – Slum Redevelopment Authority-SRA –
Power to remove the developer – Held: Since SRA issued the letter
A
B
C

Excerpt shown. Read the full judgment & AI analysis in Lexace.