AIR 1985 BOMBAY 150 ::(1985) Mah LJ 29

Bombay High Court

Hon'ble Judge(s): Qazi, Vaze , JJ

Letters Patent (Bom) , Cl.15— Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act (28 of 1971) , S.22— Order of eviction passed against tenant - Writ petition against order dismissed - Issue, that Act 28 of 1971 applied to area where premises situate, raised for first time in Writ Appeal - Issue could be allowed. W. P. No. 1810 of 1983 D/-10-8-1983 (Bom) Reversed. The house allotment officer, on basis of the evidence on record, held that the person occupying the premises in dispute was not a tenant and ordered his eviction. The writ petition against the order of eviction was summarily dismissed. Letters Patent appeal was filed by the tenant. For the first time, he took a plea that the area where the premises were situate was declared to be a slum area, and as a consequence, order evicting him could not be executed in view of the bar imposed by S.22 of the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971. Held that the failure of the rent controller to take into account the legal bar imposed by S.22 of the Slum Act makes the exercise of the power improper inasmuch as he failed to take a relevant consideration into account in the exercise of that power. This being an error of law which goes to the jurisdiction, the order of the tribunal is vitiated, whether or not such a ground was pleaded in the wr....