Subsequent Declaration of Property as Slum Area Does Not Bar Execution of Prior Eviction Decrees

sketch of the Bombay High Court
Case
SACHIN PURSHOTTAM POOJARI v. FLYMI SADANANDAN (Bombay High Court, 07-09-2026)
Law
Maharashtra Slum Areas (Improvement Clearance and Redevelopment) Act, Code of Civil Procedure.

Highlights of the Judgment:

  • Examination of the bar under Section 22(1)(b) of the Maharashtra Slum Areas Act regarding execution of eviction decrees.
  • Interpretation of whether a subsequent declaration of property as a slum area affects previously instituted execution proceedings.
  • Analysis of the scope of Section 47 of the Code of Civil Procedure, 1908, in raising objections to executability.
  • Judicial clarification that the requirement for prior competent authority permission applies strictly to the institution of proceedings.
  • Distinction between pre-institution slum declarations and post-institution notifications affecting execution validity.