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Supreme Court of India 2025-12-02 partly_allowed

Jyoti Builders vs Chief Executive Officer & Ors

Bench: 2 — J.B. Pardiwala, K.V. Viswanathan

In Brief

A private developer sought to compel the state to acquire slum land under Section 14 of the Maharashtra Slum Act, arguing that a 2015 administrative order had authorized acquisition. The land had been rehabilitated by the developer (34 slum dwellers accommodated), but the original owner later sold it to another developer proposing a rival rehabilitation scheme. The Supreme Court held that a landowner's statutory preferential right to redevelop slum property cannot be overridden by acquisition, even if the state or another developer has undertaken substantial rehabilitation work. Acquisition can only proceed after the owner's preferential right is extinguished through valid statutory procedure. The Court dismissed the acquisition claim but granted the appellant an Occupation Certificate for its sale building, provided it surrenders the portion reserved as recreational ground.

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Slum Rehabilitation Land Acquisition Property Rights Urban Development Statutory Interpretation Administrative Law Maharashtra Slum Act

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