A legal fight over a piece of land in Bhandup, Mumbai, has ended with a court canceling the plan for slum redevelopment. The decision highlights the importance of following rules and recognizing landowners' rights.
The case involved two main groups: the family members of the late Smt. Malti Narayan Kakade and the Tulsiram Devidayal Charity Trust. Both claimed they owned a piece of land at Bhandup Village Road, which was chosen for slum redevelopment by the Slum Rehabilitation Authority (SRA).
Kakade Family's Claim: The Kakade family, represented by Suresh Narayan Kakade and others, argued that their mother rented the land in 1968 and had rights to develop it.
Charity Trust's Stand: The Tulsiram Devidayal Charity Trust claimed ownership based on a 1959 agreement, asserting their right to the land.
The SRA wanted to redevelop the area and declared the land a slum rehabilitation area. However, the process faced problems when the rightful landowners weren't properly informed, an important step under the Maharashtra Slum Areas Act.
"A notice under section 13 of the Slum Act is absolutely necessary for acquisition under section 14(1) of the Slum Act," stated the judgment.
The court, with Justices G. S. Kulkarni and Aarti Sathe presiding, found that the SRA failed to send required notices to the landowners, violating their rights to redevelop the land themselves.
The court's decision relied on past rulings emphasizing the need to respect landowners' rights before taking land for slum redevelopment.
The court canceled the acquisition, allowing the SRA to start the process again correctly by sending proper notices. This decision shows the importance of following legal procedures and respecting landowners' rights in redevelopment projects.
"The acquisition of land... is canceled and set aside, being unfair, illegal, and against the decisions of this Court," concluded the judgment.
