In Brief
A minority slum dweller society (SSS) sought preferential allotment of rehabilitation flats in a Mumbai slum scheme based on a private Memorandum of Understanding with the developer, bypassing the statutory lottery procedure prescribed by the Slum Rehabilitation Authority (SRA). The Supreme Court held that while such private agreements have contractual validity between the parties, they cannot override the SRA's statutory duty to implement welfare-based slum rehabilitation schemes in accordance with prescribed regulations and circulars. The SRA, as the statutory authority, must act independently of private arrangements and ensure that allotments are made through the settled lottery procedure, treating all eligible dwellers equally. Private contractual arrangements cannot constrain or bind a public statutory authority in the implementation of welfare schemes.
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