New Delhi, Aug. 25 -- The Supreme Court has held that under Chapter I-A of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 ("Slums Act"), the landowner enjoys a preferential right to redevelop slum-notified land, and State acquisition under Section 14 of the Act cannot proceed until this right is extinguished.
A Bench comprising Justice Surya Kant and Justice N. Kotiswar Singh, while deciding a dispute concerning acquisition of land in Kurla, Mumbai, observed that the Slum Rehabilitation Authority (SRA) is mandatorily required to issue notice to the landowner inviting a proposal for a Slum Rehabilitation (SR) Scheme.
The landowner must then submit such a scheme "within a reasonable period."The Court further...