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Supreme Court of India 2019-02-22 partly_allowed

Lullu Vas (Since Deceased) Through Lrs vs State of Maharashtra & Ors

Bench: 2 — N.V. Ramana

In Brief

The appellant claimed perpetual leasehold rights over Mumbai property granted in 1945 by MCGM. Slum dwellers occupying the land formed a housing society and obtained SRA approval for rehabilitation. The MCGM later denied the lease validity, citing lack of proper registration and statutory formalities. The High Court allowed redevelopment. The Supreme Court upheld this, holding that at the interim relief stage, the appellants failed to prove irreparable injury or a clear right. The Slum Act's welfare purpose protecting 70%+ consenting dwellers outweighs disputed private claims. The Court allowed redevelopment to proceed and granted appellants liberty to claim damages in the pending civil suit if they succeed on merits."

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Property Law Administrative Law Slum Rehabilitation Equity and Interim Relief Municipal Law Transfer of Property Act

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