Tarabai Nagar Co-Op. Hog. Society (Proposed) vs State of Maharashtra 2025 INSC 1015 - Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act
"The private owner of a Slum Rehabilitation Area has a preferential right to develop it."
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Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 - (i) the private owner of a Slum Rehabilitation Area has a preferential right to develop it; (ii) as part of this right, the owner must be notified and invited to undertake such redevelopment; and (iii) without such notice being issued and such right being extinguished, it would be untenable for the State or the SRA to acquire the land under Section 14. (Para 88)
Case Info
Case Name and Neutral Citation
- Case Name:Tarabai Nagar Co-Op. Hog. Society (Proposed) v. State of Maharashtra & Ors.(Also includes connected appeals: State of Maharashtra v. Indian Cork Mills Pvt. Ltd. & Ors.; Slum Rehabilitation Authority v. State of Maharashtra & Ors.)
- Neutral Citation:2025 INSC 1015
Coram
- Justice Surya Kant
- Justice Nongmeikapam Kotiswar Singh
Judgment Date
- August 22, 2025
Caselaws and Citations Referred
- Atesham Ahmed Khan v. Lakadawala Developers Pvt. Ltd.2011 SCC OnLine Bom 239
- Awdesh Vasistha Tiwari v. Chief Executive Officer, Slum Rehabilitation Authority2006 SCC OnLine Bom 481
- Murlidhar Teckchand Gandhi and others v. State of Maharashtra and othersSupreme Court of India, Civil Appeal No. 11077 of 2017, judgment dated 29.08.2017
- High Court of Judicature at Bombay, Writ Petition No. 1326 of 2007, judgment dated 01.11.2007
- High Court of Judicature at Bombay, Notice of Motion No. 126 of 2008 in Writ Petition No. 1326 of 2007, judgment dated 18.12.2008
Statutes / Laws Referred
- Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971(Slums Act) – Sections 2, 3, 3A, 3B, 3C, 3D, 4, 11, 12, 13, 14, Chapter I-A, Chapter IV, Chapter V
- Maharashtra Regional and Town Planning Act, 1966
- Development Control Regulations for Greater Mumbai, 1991(DCR 1991) – Regulation 33(10)
- Development Control and Promotion Regulations for Greater Mumbai, 2034(DCPR 2034)
Subordinate Legislation and Circulars
- Guidelines for the Implementation of Slum Rehabilitation Policy in Greater Mumbai, 1997
- General Slum Rehabilitation Scheme for Greater Mumbai, 1998
- SRA Circular No. 144 dated 31.08.2013
- SRA Circular No. 144-A dated 09.11.2015
