PRATAPSINH SHOORJI VALLABHDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties. Rule. Respondents waive service. By consent, Rule made returnable forthwith.

(2.) Now a days, we find that the landholders/owners of huge tracts of land in Mumbai City and Suburban Districts, leave them open, unguarded, unprotected and unsecured, allow them to be encroached and after they are encroached, structures are erected, which are nothing but huts and slums, they go on increasing, these and such other owners approach this court and complain that they are not responsible for the plight of the occupants of these slums. They are not responsible for endangering and threatening public health and safety. Though they neglect their own properties, but when their value in the market increases and they command a huge price, these so called owners resist acquisition of the land and assure the authorities and the court that they would improve the lot of these slum - dwellers and rehabilitate them. Behind such owners are builders and developers looking out for an opportunity to cash on and exploit the potential of these huge lands. It is this modus operandi which has brought about a situation of indiscriminate and unregulated, uncontrolled construction activity especially in the suburbs of Mumbai. The pressure on existing already inadequate amenities, no breathing space, no playgrounds or parks and overcrowding, congestion and total breakdown of essential services. Those looking out for gains and profits have nothing but a lip sympathy and the real intent is to somehow or other get back these properties or obtain their release thereof from acquisition. The State acquires them so that those languishing in slums obtain a decent housing accommodation and thereafter not only their life can be improved but public health and public safety is equally protected. That is protected by obtaining for such slum dwellers the basic amenities, from which they were deprived for decades together. No inbuilt toilet, no clean drinking water, no light, no ventilation, no roads, no health care facilities till date, but all this can be provided with private participation and their rehabilitation is the real purpose of this acquisition. Such a measure and specially by the welfare State is sought to be defeated by raising technical objections and challenges.

(3.) By this petition under Article 226 of the Constitution of India, the petitioners pray for issuance of a writ of certiorari or any other writ, order or direction in the nature thereof calling for the records and proceedings in respect of acquisition of the area of land, more particularly described in prayer clause (a) of the writ petition leading to the issuance of a notification dated 3 rd April, 2014 under the provisions of section 14(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (hereinafter referred to as "the Slum Act") and upon scrutinising the same for its legality and validity, legality, quash and set aside the same.