Judicial Scrutiny of Slum Rehabilitation Schemes on Government Lands and Developer Appointment Disputes

sketch of the Bombay High Court
Case
CHEMBUR SIDDHARTH COLONY PRAVARTAN CO-OPERATIVE HOUSING SOCIETY (REGD) v. THE STATE OF MAHARASHTRA, THROUGH MINISTRY OF HOUSINGAND 10 ORS. (Bombay High Court, 29-09-2026)
Law
Constitution of India, Maharashtra Slum Areas (Improvement Clearance and Redevelopment) Act.

Highlights of the Judgment:

  • Detailed interpretation of Clause 1.15 of Regulation 33(10) of DCPR 2034 regarding the mandatory 51% eligible slum dweller consent requirement.
  • Analysis of the binding nature of inter partes consent terms versus statutory requirements for individual society resolutions in slum redevelopment.
  • Scope and applicability of Section 13(2) of the Maharashtra Slum Areas Act concerning the replacement and ouster of developers.
  • Judicial commentary on invoking the proviso to Clause 1.15, enabling direct State takeover of slum schemes on government lands.
  • Evaluation of the limited legal rights of encroachers on public lands versus ownership and development rights.