Purposive Interpretation of 'Or Otherwise' in Slum Rehabilitation Tenement Transfers under Maharashtra Law
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Case: MRS. CHHAYA KASHINATH SHINDE v. THE STATE OF MAHARASHTRA AND ORS.
Court: Bombay High Court
Date: 31-07-2026
Law: Constitution of India, Maharashtra Slum Areas (Improvement Clearance and Redevelopment) Act.
Highlights of the Judgment:
- Examination of Section 3E of the Maharashtra Slum Areas Act regarding statutory restrictions on tenement transfers.
- Judicial interpretation of the expansive legislative phrase "or otherwise" following specific modes like sale and lease.
- Analysis of whether parting with physical possession via a Power of Attorney constitutes a prohibited transfer.
- Review of the legislative intent behind welfare-based slum rehabilitation schemes preventing commercial exploitation.
- Establishment of the procedural safeguards and stages required before a Competent Authority orders eviction.
- Application of precedents regarding the purposive interpretation of statutory extensions to plug loopholes.