ESCO LIMITED. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Respondents waive service. Heard finally by consent of the parties.

(2.) This petition under Article 226 of the Constitution of India essentially challenges the acquisition of the petitioner's land being property bearing CTS No.176(part) and CTS No.184 admeasuring 721.1 sq.meters and 791.7 sq.meters respectively situated at Village Goregaon (East), Mumbai (for short 'the said land') under the provisions of Sec. 14(1) of the the Maharashtra Slum. Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short 'the Slum Act'), being arbitrary, illegal and unconstitutional.

(3.) The primary challenge as urged on behalf of the petitioner is that the land is admittedly private land on which there were hutments and which came to be declared as 'Slum Rehabilitation Area' under the provisions of Sec. 3C(1) of the Slum Act. The petitioner contends that the same could not have been acquired without recognizing the preferential rights of the petitioner as owner of the said land, to undertake redevelopment and rehabilitation of the slum tenements. In such context, it is the petitioner's case that merely because the society formed by the slum dwellers would intend to make a proposal, the State Government could not have discarded the petitioner's right and proceeded to acquire the land under Sec. 14 of the Slum Act. The petitioner has supported their contention relying on the decision of this Court in Indian Cork Mills Pvt. Ltd. vs. State of Maharashtra & Ors.,2018 SCC Online Bom 1214. and Bishop John Rodrigues Vs. State of Maharashtra,2004 SCC Online Bom 1632. and the same being upheld by the recent decision of the Supreme Court in Tarabai Nagar Co-op.Hsg.Society (proposed) vs. State of Maharashtra & Ors.,2025 SCC OnLine 1795. and in Saldanha Real Estate Pvt. Ltd. Vs. Bishop John Rodrigues & Ors.,2025 SCC OnLine SC 1794. Before we proceed to discuss and set out the facts, we note the substantive prayers as made in the petition which read thus: