MAHAJOT SAHAI Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) The petitioners in this and the connected writ petition No. 110 of 1968 are owners of houses situated in those parts of Old Delhi which were declared as slum areas on 20th April 1957 by a notification issued under section 3 of the Slum Areas (Improvement and Clearance) Act, 1956 (hereinafter called the Act). On 30-6-1961, houses Nos. 2812 to 2845 including the houses of the petitioners in Pucca Katra being a part of the slum areas notified on 20th April 1957 were declared to be a clearance area by a notification issued under section 9(1) of the Act (Annexure C to the writ petition). On 22-10-1965, a clearance order (Annexure D to the writ petition) was passed under section 10(1) of the Act calling upon the petitioners and other owners to demolish their houses in the clearance area within six weeks. The clearance order was confirmed by the Administrator of the union territory on 29-11-1965 under section 10(2) of the Act (Annexure E). On 24-11-1966, the Competent authority (Assistant Commissioner (Slums) Delhi Municipal Corporation) wrote to the petitioners informing them that if the petitioners fail to vacate the premises in respect of which the clearance order was passed by the Competent authority and confirmed by the Administrator, the Competent authority shall enter the said premises and get them demolished under section 10(5) and recover the cost of the demolition from the petitioners under section 10(6) of the Act. The appeals filed by the petitioners against these orders under section 30 of the Act were also dismissed on 7-12-1967 by the Judicial Secretary acting for the Administrator.

(2.) The legality of the above-mentioned orders is impugned by the petitioners on the following grounds :

(3.) These contentions are considered below seriatim.