Case Note & Summary
The appellant, Kumud w/o Mahadeorao Salunke, was the landlord of premises governed by the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971. She sought eviction of the respondent-tenant, Shri Pandurang Narayan Gandhewar (through LRs), initially under the C.P. and Berar Letting of Houses and Rent Control Order, 1949. The Rent Controller granted permission, and the landlord terminated tenancy under Section 108 of the Transfer of Property Act, 1882, and filed Civil Suit No. 334 of 1996. The tenant objected that permission under Section 22 of the Slum Act was required. The suit was withdrawn, and the landlord applied to the Slum Authority, which granted permission on 28.11.2000. After remand, the Slum Authority again granted permission on 30.05.2002. The tenant's appeal was dismissed by the Appellate Authority on 31.10.2002, which considered the factors under Section 22(4) including alternative accommodation. The landlord then filed Civil Suit No. 113 of 2003, which was dismissed by the Trial Court on 27.09.2007. The Appellate Court allowed the appeal on 17.08.2010, decreeing eviction and arrears; this decree was not challenged and became final. Meanwhile, the tenant filed Writ Petition No. 2199 of 2003 challenging the Slum Authority's permission. The High Court allowed the writ on 19.06.2014, holding that the Slum Authority had not considered the factors under Section 22(4)(a)-(c) and that the Appellate Authority's consideration could not cure the defect; it remitted the matter. The Supreme Court, in appeal, held that the High Court erred. The Appellate Authority had adequately considered the Section 22(4) factors, and the eviction decree had attained finality. The Supreme Court set aside the High Court's order, restored the Appellate Authority's order dated 31.10.2002, and allowed the appeal with no order as to costs.
Headnote
A) Rent Control and Slum Laws - Permission for Eviction - Section 22(4) of Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971 - Consideration by Appellate Authority - The landlord sought eviction of tenant from premises in a slum area. The Slum Authority granted permission under Section 22, which was confirmed by the Appellate Authority after considering the factors under Section 22(4). The High Court remitted the matter holding that the competent authority had not applied its mind. The Supreme Court held that the Appellate Authority's consideration of those factors was sufficient and the High Court ought not to have interfered under Article 227, especially when the eviction decree had attained finality. (Paras 8-10) B) Civil Procedure - Finality of Decree - Eviction Decree - The civil suit for eviction filed after obtaining permission from the Slum Authority was decreed by the Appellate Court and the decree was not challenged, thus attaining finality. The Supreme Court held that this finality could not be ignored by the High Court while exercising writ jurisdiction. (Paras 5, 9) C) Constitutional Law - Writ Jurisdiction - Article 227 of Constitution of India - Scope of Interference - The High Court's power under Article 227 is supervisory and not appellate. Where the Appellate Authority had adequately dealt with the issue, the High Court should not substitute its view. The Supreme Court set aside the High Court's order and restored the Appellate Authority's order. (Paras 10-11)
Issue of Consideration
Whether the High Court was justified in remitting the matter to the Slum Authority on the ground that the competent authority had not considered the factors under Section 22(4) of the Maharashtra Slum Areas Act, 1971, despite the Appellate Authority having considered those factors and the eviction decree having attained finality.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment and order dated 19.06.2014 in Writ Petition No. 2199 of 2003, and restored the order dated 31.10.2002 passed by the Appellate Authority. No order as to costs.
Law Points
- Section 22(4) of Maharashtra Slum Areas Act
- 1971
- Article 227 of Constitution of India
- C.P. and Berar Letting of Houses and Rent Control Order
- 1949
- Section 108 of Transfer of Property Act
- 1882
