In Brief
The Supreme Court upheld the inclusion of 1045.50 sq. metres of undeclared land in a Slum Rehabilitation Area declared under the Maharashtra Slums Areas Act, 1971. The Court held that a prior declaration under Section 4 of the Act is not necessary for declaring an area as a Slum Rehabilitation Area under Section 3C, as Chapter I-A operates as a self-contained code independent of Chapter II. The Court also rejected the claim that pre-declaration notice was required, finding that Section 36 concerns only the manner of serving notices post-issuance. Since the disputed land was adjacent to the declared area and necessary for effective implementation of the rehabilitation scheme, the declaration was upheld as a valid exercise of authority, not a colourable abuse of power.
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