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Judgment Search Results Home > Cases Phrase: the maharashtra slum areas improvement clearance and redevelopment act 1971 Page 1 of about 128 results (0.036 seconds)

Apr 26 2006 (HC)

Om-sai Darshan Cooperative Housing Society (Proposed) and Chandrakant ...

Court : Mumbai

Reported in : 2007(1)BomCR476

..... those censused or declared and notified, in the past or hereafter under the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971. slum shall also mean areas/ pavement stretches hereafter notified as slum rehabilitation areas or deemed to be and treated. (ii) if any area fulfills the conditions laid down in section 4 of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 to qualify as slum area and has been censused or declared and notified shall be deemed to be and ..... treated as slum rehabilitation area. (iii) slum rehabilitation area shall also mean any area declared as such by the slum rehabilitation authority through preferably fulfilling conditions laid down in section 4 of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 to qualify as slum area and/or required for implementation .....

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Dec 19 2008 (SC)

Pramila Suman Singh Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : 2009(2)BomCR138; JT2009(1)SC665; 2009(4)MhLJ742(SC); 2009(1)SCALE260; (2009)2SCC729

..... to make better provision for the improvement and clearance of slum areas in the state and their redevelopment and for the protection of occupiers from eviction and distress warrants, the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 (hereinafter referred to as `the 1971 act') was enacted by the state of maharashtra. we may notice a few provisions thereof.sections 2 (hc) of the 1971 act reads :slum rehabilitation authority' means the slum rehabilitation authority or authorities appointed by ..... the state government under section 3a. section 2(hd) of the 1971 act reads : `slum rehabilitation scheme' means the slum rehabilitation scheme notified under section ..... be specifically specified by the authority. section 3d provides that on publication of the slum rehabilitation scheme the other provisions of the act shall apply to any area declared as the slum rehabilitation area subject to modifications prescribed therein.section 13 of the act provides for power of competent authority to redevelop clearance area in the manner as stated therein.the state government is empowered to issue directions to .....

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Feb 28 1996 (HC)

Ramniklalbhai V. Shah and ors. Vs. Maharashtra Slum Areas (improvement ...

Court : Mumbai

Reported in : 1996(5)BomCR644

..... 81/89 and 83/89 cannot be sustained being in contravention of sub-section (4) of section 4 of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 (for short, 'the slum areas act 1971)'. according to the learned counsel, the order passed by the maharashtra slum areas tribunal on 22-8-1990 in appeal no. 7/89 deserves to be quashed and set aside and the matter ..... on 5-2-1976, whereby the wali building came to be declared as slum improvement area, came to be challenged by the owners of wali building, namely respondents 4 to 7 herein, by filing an appeal under section 4(3) of the slum areas act of 1971 before the maharashtra slum areas tribunal, bombay, in the month of december 1988. the said appeal ..... hearing the objections from them and then passing the speaking order accordingly.6. the slum areas act of 1971 came into force with effect from 11-8-1971. the act was enacted for making better provision for the improvement and clearance of slum areas in the state and the redevelopment and also for protection of occupiers from eviction and in that background it was found ..... expedient to make the provisions relating thereto. the act defines, building, occupier, owner, slum area and works of improvement in section (2)(b), .....

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Sep 17 2009 (HC)

Shailesh Gandhi Vs. State of Maharashtra,

Court : Mumbai

Reported in : 2009(111)BomLR3896

..... officers as well as developers but according to the petitioner, despite all this, no effective progress had taken place.8. the preamble of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 shows that it was enacted for making better provisions for the improvement clearance and redevelopment of slum area in the state as well as for protection of occupiers from eviction and distress warrants. the intent of the framers of the ..... of this court in the case of tulsiwadi navnirman coop. housing society ltd. and anr. v. state of maharashtra and ors. : 2007(6) mhlj 851 while considering the object and purpose of amendment of this act held thus:2. the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971, (hereinafter referred to as 'slum act' for short) came to be extensively amended in 199697 and 2001, introducing chapter ia therein. that chapter ..... the concerned authorities had failed to discharge their statutory obligations and have dealt with the development schemes in a manner which is violative of not only the provisions of relevant acts i.e. the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 and the mumbai municipal corporation act, 1888 but even the basic rule of law. the very object of such welfare schemes would stand frustrated if genuine .....

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Dec 18 2007 (HC)

Smt. Shabana Mohammed Hanif Sorathia Vs. Shri Siddhique Mohammed Khan ...

Court : Mumbai

Reported in : 2008(1)ALLMR893; 2008(2)BomCR55; 2008(3)MhLj794

..... slum act.4. heard the learned counsel for the parties. perused the copies of the record produced alongwith the revision application ..... licence for residence only is not tenable. she also contended that the suit premises are declared to be slum area and, therefore, suit/application itself could not have been filed without obtaining necessary permission under section 22 of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 (hereinafter referred to as 'slum act'). similarly, the decree also can not be executed for want of necessary permission under section 22 of the ..... in any other law for the time being in force, no person shall except with the previous permission in writing of the competent authority,(a) institute, after commencement of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971, any suit or proceeding for obtaining any decree or order for the eviction of an occupier from any building or land (in a .....

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Jan 21 2002 (HC)

Rameshwar Prasad ThakurdIn Pande Vs. Deputy Collector (Enc) and anr.

Court : Mumbai

Reported in : AIR2003Bom150

..... , he would have at least whispered of his desire to mend himself to the benevolent spirit indicated by the preamble to the maharashtra slum areas (improvement. clearance and redevelopment) act, 1971. the act marches for the purpose of allowing the owners of such slums to go for improvement and redevelopment but they should express their desire to do so. if the citizens do not it voluntarily, they are required to be made ..... . no. 225 military road, marol.3. the matter revolves around notification which was issued by the state of maharashtra on 24-3-1983 declaring the said property of the petitioner as 'slum' in view of provisions of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 (hereinafter referred to as 'the act' for convenience) which was published in the government gazette dated 22-3-1979. the petitioner had challenged the ..... earlier notification by filing the appeal bearing no. 184 of 1980 which was allowed by the maharashtra slum areas (i. c. & r.) tribunal, bombay by its .....

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Apr 04 2002 (HC)

Hari S. Yadav Vs. Hiralal Prabhu Yadav and anr.

Court : Mumbai

Reported in : 2002(6)BomCR177

..... that purpose have been sought in the case of abdul v. tereza, air 1986 cj 154 4. with the above background, we may now decide the issue in controversy. maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 has been amended from time to time. under section 22 it is provided that notwithstanding anything contained in any other law for the time being in force, no person shall ..... except with the previous permission in writing of the competent authority institute after commencement of the maharashtra slum area (improvement, clearance and redevelopment) act, 1971 any suit or proceedings for obtaining any decree or order for eviction of the occupier from any building or land in the slum area or for recovery of any arrears of rent or compensation from any such occupier. this is the provision ..... 13-9-1982 contending that he was protected under the provisions of the bombay rent act. it was further pointed out that the area where the structure was situated was declared as slum under maharashtra slum areas (improvement, clearance and redevelopment) act, 1971. no permission of the authority has been taken and considering section 22 of the act, suit was not maintainable. the trial court framed issue as to whether the suit .....

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Dec 01 2010 (SC)

Laxmi Ram Pawar. Vs. Sitabai Balu Dhotre and anr.

Court : Supreme Court of India

..... by the definition of `occupier' in section 2(e)(v) of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 (for short, ` the 1971 act') and if yes, whether for his eviction from the land or building in a declared slum area, the written permission of the competent authority under section 22(1)(a) of the 1971 act is mandatorily required.2. the aforesaid question arises in this way. the first ..... other law for the time being in force, no person shall except with the previous permission in writing of the competent authority--(a) institute, after commencement of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971, any suit or proceeding for obtaining any decree or order for the eviction of an occupier from any building or land in a ..... slum area or for recovery of any arrears of rent or compensation from any such occupier, or for both; or .......................................... (2) every person desiring to obtain the permission referred ..... whether alternative accommodation within the means of the occupier would be available to him, if he were evicted;(b) whether the eviction is in the interest of improvement and clearance of the slum area;(b-1)whether, having regard to the relevant circumstances of each case, the total amount of arrears of rent or compensation and the period for which it is .....

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Apr 30 1997 (HC)

Mrs. Cynthia MartIn Wd/O A.V. MartIn Vs. Prembehari S/O Makhanlal Yadu ...

Court : Mumbai

Reported in : 1997(3)ALLMR289; 1998(1)BomCR631; 1997(3)MhLj389

..... judgment, the appellate court considered the defence of the defendant/judgment debtor that the property was in the slum area and, therefore, no suit could have been filed for eviction unless the permission was obtained from the competent authority under the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 (hereinafter called 'the slum areas act' for the sake of brevity). the appellate court has held that there could be no dispute about ..... the proposition of law that if the property was situated within the slum area then the eviction proceedings could not be initialed, unless the written permission was ..... prove the defendant's contention. the appellate court found that the defendant did not call any witness from the office of the slum area improvement, nor did she prove any map or any property extract suggesting that the property was in the slum area. the appellate court also found that the concerned property, in respect of which the notification declaring the same to be the .....

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Feb 10 1993 (HC)

Papaya Chinaya Muthwas Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 1993(3)BomCR300

..... legality and validity of a notification dated 15-6-1988 issued by the deputy collector (enc) and competent authority, borivali under section 4(1) of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 ('the act'), declaring areas specified therein as a slum improvement area and a communication dated 16-8-1988 addressed to the petitioner informing about the issue of the said notification. the challenge is on two grounds : first, that ..... a proper reply.5. i have carefully considered the rival submissions. section 4(1) of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971, which deals with the powers of the competent authority to declare any area as slum area, is as follows :4.(1) where the competent authority is satisfied that --- (a) any area is or may be a source of danger to the health, safety or convenience of the ..... a similar notification issued on 21-4-1983 by the competent authority was set aside by the appellate tribunal constituted under the act by judgment dated 19-10 .....

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