In Brief
The Supreme Court addressed a conflict between private leasehold claims and a public slum rehabilitation scheme. The appellants claimed valid leasehold rights from 1945 over Mumbai property that had been encroached by slum dwellers. A society of slum dwellers sought rehabilitation with 70% support, obtaining approvals that were later cancelled. The High Court allowed the rehabilitation to proceed. The Supreme Court held that while the lease dispute remains pending trial, slum dwellers—the primary beneficiaries of welfare legislation—should not suffer further delays. The appellants could be compensated by damages if they win at trial, making interim injunctive relief unnecessary. The balance of convenience favoured allowing the public-interest redevelopment to proceed.
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