The Application for Amendment was allowed by the Small Causes Court, Pune by an order dated 06.02.2006.
Pursuant to the recommendation made by Afzalpurkar Committee to establish an independent authority for rehabilitation of slum dwellers, the Act was amended incorporating Chapter I A by Act 4 of 1996.
at Wadgaon Sheri, Pune.
Respondent No.3 filed an Application for amendment of the plaint in which it was stated that the permission of the companypetent authority to initiate eviction proceedings against the Appellants was number required as the area under occupation of the Appellants was number a slum area.
The Slum Clearance Order under Section 3D of the Act was passed in respect of the aforementioned land on 01.09.2009.
in Survey Nos.
Dissatisfied with the judgment of the High Court, the Appellants are before us.
in Survey Nos.27 and 28 Part at Wadgaon Sheri Ramwadi , Pune as a slum rehabilitation area.
Respondent No.1 appeared before the companyrt and produced the Orders dated 24.05.2006 and 01.09.2009 passed under Section 3C and 3D of the Act.
By holding that 1045.50 sq.
Respondent No.3 filed RCS No.365 of 2000 seeking eviction of Appellant No.1s husband.
out of 5168.50 sq.
of land.
in Survey Nos.
Thereafter, the Appellants filed Appeal Nos.
The Appellants filed S.No.97 of 2013 before the City Civil Court, Pune, for declaration that the property in dispute was number a slum area and that Respondent No.1 lacked jurisdiction to declare the area as a slum.
The above orders were subject matter of challenge before the Maharashtra Slum Areas IC R Tribunal, Mumbai in Appeal Nos.24 and 25 of 2014.
On 24.05.2006, Respondent No.1 passed an order declaring 5168.50 sq.
As stated above, the Tribunal partially allowed the Appeals and set aside the Orders dated 24.05.2006 and 01.09.2009 to the extent of 1045.50 sq.
The owner of the land, Respondent No.3 also filed a Writ Petition in the High Court questioning the legality of the order of the Tribunal.
The High Court allowed both the Writ Petitions and set aside the order of the Tribunal.
Moreover, the Appellants were number entitled to hearing as they were neither owners number long term lessees.
Initially, Respondent No.3 averred in the suit that the Appellants were required to be evicted after permission was granted by the companypetent authority since the area occupied by Appellants was declared as a slum area.
By adding 1045.50 sq.
It was mentioned in the said order that 4123 sq.
The interpretation of Section 36 by the Tribunal was number accepted by the High Court.
falling within Survey Nos.27 and 28 Part was already declared as a slum area on 10.11.1983.
The High Court was of the further opinion that numberpre decisional hearing prior to the issuance of declaration by the SRA under Section 3C of the Act is necessary.
The Appeals were partly allowed by the Tribunal.
The scope of Section 12 of the Act as companystrued by the Appellants was number accepted by the High Court.
The High Court further declared that the slum rehabilitation area declaration and the slum clearance order would apply to the entire area of 5168.50 sq.
The plea of mala fide made by the Appellants was also rejected by the High Court.
1 and 2 in the High Court by filing a Writ Petition.
Thereafter, an order was passed by Respondent No.2 under Section 3D read with Section 12 4 of the Act on 01.09.2009 declaring 5168.50 sq.
24 and 25 of 2014 questioning the Orders dated 24.05.2006 and 01.09.2009.
The aforementioned orders dated 24.05.2006 and 01.09.2009 were set aside only in respect of 1045.50 sq.
in Survey Nos.
of undeclared area with 4123 sq.
was number a declared area, the Tribunal set aside the Orders dated 24.05.2006 and 01.09.2009.
of declared area, the area of the Scheme was shown as 5168.50 sq.
The order of the Tribunal was challenged by Respondent Nos.
3 is the owner of the land in Survey Nos.27, 28 and 29 admeasuring 12,381 sq.
An area of 4123 sq.
Respondent No.
27 and 28 Part at Ramwadi Wadgoan Sheri, Pune as Slum Rehabilitation Area by an Order dated 24.05.2006.
27 and 28 was declared as a Slum under Section 4 1 of the Slum Rehabilitation Act, 1971 on 10.11.1983.
27 and 28 Part as Slum Clearance Area.
The Appellants were found by the Tribunal to be occupants of tenements in the disputed area and therefore, are persons aggrieved as companytemplated under Section 3C 2 of the Act.
NAGESWARA RAO, J. In exercise of the power under Section 3C of the Maharashtra Slums Areas Improvement, Clearance and Re development Act, 1971 hereinafter referred to as the Act , Respondent No.1 declared 5168.50 sq.
