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Supreme Court of India 2019-02-22 disposed

LULLU VAS (SINCE DECEASED) THROUGH LRS AUDREY LUDWIG VAS vs THE STATE OF MAHARASHTRA

Bench: 2 — N.V. Ramana, Mohan M. Shantanagoudar

In Brief

The appellants claimed a perpetual lease over disputed Mumbai land purchased in 1945, but their predecessor received only symbolic possession of encroached slum land in 1965. By 1976, the area became a declared slum. Slum dwellers formed a cooperative society (respondent no. 4) in 1996 to implement a rehabilitation scheme with 70% support, and a developer was appointed. The appellants contested this, claiming valid leasehold rights. The High Court favoured the redevelopment scheme. The Supreme Court, balancing rights, held that vulnerable slum dwellers' fundamental right to shelter and livelihood took precedence over disputed lease claims lacking proper registration and statutory execution. The Court allowed redevelopment but granted appellants liberty to claim damages and pursue their title claim in the ongoing civil suit.

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Property Law Leasehold Rights Slum Rehabilitation Welfare Legislation Public Interest Equitable Relief Interim Relief Municipal Law

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