Case Note & Summary
Maharashtra Slum Rehabilitation Authority (SRA) Act, where the petitioner, Basilica of Our Lady of the Mount, Mumbai, contests SRA's attempt to acquire its land for slum redevelopment. The petitioner asserts its preferential redevelopment rights as the landowner, citing procedural irregularities and violations of its legal rights.
Introduction and Background
Petitioner: Basilica of Our Lady of the Mount, Bandra (West) Mumbai Subject: Land ownership and management of Mount Mary’s Church Issue: SRA's attempt to acquire 1596.40 sq. meters of land under Slum ActLegal Challenge
Basis: Alleged illegality of SRA's notice under Section 14(1) of the Slum Act Petitioner's Stand: Asserts preferential redevelopment rights as landowner Reference to Legal Precedent: Indian Cork Mills Pvt Ltd v State of MaharashtraPrayers Made in the Petition
Writ of certiorari to quash the notice dated 29th October 2021 Writ of mandamus to withdraw/cancel the notice Stay on the implementation of the notice during the petition's pendencyFactual Background
Land Details: CTS No. B-960, 9371.30 sq. meters, with 1596.40 sq. meters occupied by slum structures History of Negotiations: Attempts by petitioner to redevelop land since 2012 Interaction with Slum Dwellers: Society formation attempts, developer engagementsChronology of Events
Key Dates and Correspondence: Letters and meetings between petitioner, slum dwellers, and developers Appeal and Objections: Petitioner's objections to slum rehabilitation area declaration under Section 3C of Slum ActLegal Proceedings and Actions
Appeal to AGRC: Pending appeal against SRA's declaration of land as slum rehabilitation area Public Notice by SRA: Issuance of notice for land acquisition despite pending appeal Petition Filing: Grounds based on procedural irregularities and violation of petitioner's rightsReliefs Sought
Legal Remedies: Certiorari to review and quash SRA's actions, mandamus to withdraw/cancel notices Stay Order: Request to halt implementation of SRA's notices pending court decisionConclusion
Emphasizes judicial intervention to protect petitioner's rights as landowner Aims to prevent SRA from proceeding with land acquisition for slum redevelopment without due process
Issue of Consideration: Bishop John Rodrigues Versus The State of Maharashtra Ors.
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