2017 (3) ABR 809

Bombay High Court

Hon'ble Judge(s): R. M. Savant , J

(A) Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act (28 of 1971) , S.3C— Declaration of slum rehabilitation area - Effect - Only after such declaration provisions of Act (1971) becomes applicable to be declared area - Hence, exercise of power of declaration is legislative function. (Para 29) (B) Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act (28 of 1971) , S.3— Constitution of India , Art.14— Declaration of slum rehabilitation area - Opportunity of hearing - No pre-decisional hearing necessary - Section 3C postulates post-decisional hearing - Under S. 3C (2) such hearing can take place in event person aggrieved files appeal. (Para 30 38) (C) Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act (28 of 1971) , S.3C, S.4— Declaration of slum rehabilitation area - No requirement of first notifying land in question under S. 4 as slum area for making such declaration. (Para 31) (D) Constitution of India , Art.14— Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act (28 of 1971) ,....