15 December 2023 Public Interest Litigation >> Constitution & Law Procedure   |   Property/Real Estate Law >> Property & Real Estate  

A recent court judgment has shed light on the importance of following proper procedures in Slum Rehabilitation Schemes (SRS) in Maharashtra. The case highlights the public purpose behind these projects and the role of the Slum Rehabilitation Authority (SRA) in ensuring their fair implementation.

The court emphasized that SRS projects utilize public land to provide better housing for slum dwellers. The land itself belongs to entities like the Municipal Corporation, not the societies formed by slum residents. This underlines the public purpose behind these initiatives – to improve living conditions for a marginalized community.

The judgment reaffirms SRA's role as the ultimate authority overseeing SRS implementation. Private agreements between developers and resident societies cannot supersede SRA's established policies and procedures. This ensures that the project adheres to its intended public benefit and doesn't favor private interests.

The court stressed the importance of following established procedures, particularly the Development Control Regulations (DCR). These regulations ensure transparency and fairness in the distribution of benefits, such as allotment of flats in the redeveloped buildings. Procedures like drawing lots prevent favoritism and guarantee equal opportunity for eligible slum dwellers.

The court dismissed an appeal challenging SRA's allotment process based on its own regulations. This reinforces the principle that private agreements cannot override the legal framework for SRS. Additionally, the court's observation regarding a developer's attempt to bypass procedures suggests that SRA has the authority to investigate and take appropriate action in such cases.

In conclusion, this judgment prioritizes the public interest in ensuring fair and transparent implementation of SRS. SRA's role as the ultimate authority safeguards the project's public purpose and ensures that benefits reach those they are intended for – the slum dwellers themselves. By following established rules and regulations, SRS projects can achieve their goal of providing dignified housing for those in need.

  MAHARASHTRA SLUM AREAS (IMPROVEMENT, CLEARANCE AND REDEVELOPMENT) ACT, 1971