STAR CONSTRUCTION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) We have heard the present proceedings for some time. The first petition ( Star Construction Vs. The State of Maharashtra & Ors. ) is filed by the developer who has been appointed by the slum dwellers society to undertake redevelopment in respect of a slum which is on the public land belonging to the Mumbai Municipal Corporation (for short 'the Municipal Corporation'). The other writ petitions are filed by the societies of slum dwellers.

(2.) At the outset, we may observe that the rights of this petitioner (developer), if any, are contractual rights created under a development agreement entered between the co-operative society of the slum dwellers and the petitioner (developer). It is difficult to accept that any substantive legal rights are conferred on the developer, so as to have a locus in the developer to maintain the prayers as made in the petition, more particularly when a challenge as raised in this petition is to the Government Resolution dtd. 28/3/2025 (impugned G.R.) issued by the Government of Maharashtra in exercise of powers under Sec. 154(1) of the Maharashtra Regional and Town Planning Act, 1966 (for short 'the MRTP Act'). In exercise of the aforesaid powers, the impugned GR has been issued in public interest, which is to the effect that, insofar as the lands of the ownership of the Municipal Corporation inundated with slums are concerned (by virtue of encroachments if not otherwise), for the purpose of their redevelopment, the "Municipal Corporation" which is otherwise a planning authority for the Greater Mumbai Region, has been recognized to be the 'slum rehabilitation authority', for such slum areas, in substitution of the Slum Rehabilitation Authority constituted under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act,1971 (for short 'the Slums Act ').

(3.) Sec. 154 of the MRTP Act is the substantive power conferred on the State Government to be exercised in the larger public interest under which the impgned GR has been issued. Sec. 154 of the MRTP Act reads thus: