RITESH TRIKAMDAS PATEL AND ORS v. THE APEX GRIEVANCE REDRESSAL COMMITTEE AND ORS
Discusses statutory interpretation, deeming fictions, jurisdiction, delegation of powers, and the principle against approbating and reprobating.
Court: Bombay High Court
Citation: 2025:BHC-AS:25549
Decision Date: 27-06-2025
List of Laws
The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971; Development Control and Promotion Regulations for Greater Mumbai, 2034 (DCPR 2034); The Maharashtra Regional and Town Planning Act, 1966 (MRTP Act); General Principles of Law
- The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971: The judgment extensively discusses Sections 33 and 38, which pertain to eviction proceedings. The petitioners challenged the Tahsildar's jurisdiction under these sections, arguing that Section 3D, which substitutes the original Sections 33 and 38, was inapplicable because no specific declaration was issued under Section 3C. The court held that declarations under Sections 3C and 4 are not a sine qua non for implementing slum rehabilitation schemes. Section 3A discusses the Slum Rehabilitation Authority's powers. Section 3A(3) outlines the powers, duties, and functions of the SRA, including surveying slum areas, formulating rehabilitation schemes, and implementing them. Section 3A(3)(d) specifies the SRA's power to do all acts necessary for achieving slum rehabilitation. Section 3B concerns the preparation of slum rehabilitation schemes. Section 3D(e)(i-a) discusses the substitution of original Sections 33 and 38 with new sections. Section 3D(H) relates to the substitution of Section 12(10) concerning the issuance of Letters of Intent (LoI). Section 3S provides that the CEO, SRA can delegate powers conferred under the Slum Areas Act to any of the officers of the SRA and in turn permit further delegation to the subordinate. Section 4(1) concerns the notification declaring an area as a slum area. Section 35 discusses appeals, with Section 35(1) and 35(1A)(a) pertaining to appeals to the appellate authority and the Grievance Redressal Committee, respectively, while Section 35(1-A)(b) provides for a single appeal to the AGRC under the amended Sections 33 and 38. The court found that the SRA has sufficient powers of delegation under Section 3S. The court also referred to Section 3Z-6, though it was only mentioned in the notification quoted in the judgment.
- Development Control and Promotion Regulations for Greater Mumbai, 2034 (DCPR 2034): The judgment refers to Regulation 33(10) of the DCPR 2034, which provides a methodology for ascertaining the eligibility of slum-dwellers. The petitioners argued that the deeming fiction under Regulation 33(10) does not apply without a declaration under Section 3C of the Slum Areas Act. The court held that Regulation 33(10) lays down the road map for ensuring the speedy implementation of slum rehabilitation schemes. The judgment quotes Regulation 33(10)II, defining "slum" for redevelopment purposes, including censused slums and areas fulfilling the conditions of Section 4 of the Slum Areas Act.
- The Maharashtra Regional and Town Planning Act, 1966 (MRTP Act): The judgment mentions that the DCPR 2034 is framed under the MRTP Act. Section 3A(4) of the Slum Areas Act specifies that the slum rehabilitation scheme published under sub-section (3) thereof, is deemed to be the development control regulations under the provisions of the MRTP Act.
- General Principles of Law: The judgment discusses the principle against blowing hot and cold, stating that the petitioners cannot challenge the jurisdiction of the SRA while seeking to benefit from the slum rehabilitation scheme approved by it. It also addresses the concept of deeming fictions and whether accepting the respondent's contentions would lead to a legal fiction creating another legal fiction. The court also considered the aspect of there being no failure of justice.
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