Sitaram Laxminarayan Rathi (Since Decd) Through LHRs v. Govinddas Samaldas Gandhi & Ors.
Case at a glance
Outcome
Dismissed
available in law, the Petition stands dismissed
Provisions considered
- Slum Act, 1971 s. 17
Key paragraphs
- Para 55. Thus, keeping open the right to avail the remedies, that may be available in law, the Petition stands dismissed. [N. J. JAMADAR, J.] ARS
Judgment
Mr. Omkar Kulkarni, for the Petitioners. Smt. M.S. Srivastava, AGP, for the Respondent-State. CORAM: DATE : N. J. JAMADAR, J. 3rd FEBRUARY 2026 P.C.:
Heard the learned Counsel for the Petitioners. The Petitioners-decree holders seeks compensation for the ARUN RAMCHANDRA SANKPAL ARUN RAMCHANDRA SANKPAL purported acquisition of the suit land, for the possession of which decree has been passed, in lieu of possession as a Slum Rehabilitation Scheme is implemented on the suit land. A prayer for advance compensation of Rs.50,00,00,000/- has been rejected by the impugned order.
It does not seem that any award has been passed to acquire the suit land. In fact, there is no clarity, as to under which provisions the suit land has been allegedly acquired. If there are slums and a Slum ARS 26-WP-1138-2026.DOC Rehabilitation Scheme has been implemented at the suit land, the rights of the Petitioners would be governed by the provisions contained in The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. For instance, Section 17 of Slum Act, 1971, provides the basis for determination of compensation.
The executing Court has rightly declined to entertain the prayers to order grant of compensation to the tune of Rs.158,45,16,389/- and release the advance compensation of Rs.50,00,00,000/-.
Operative part
Thus, keeping open the right to avail the remedies, that may be available in law, the Petition stands dismissed.
[N. J. JAMADAR, J.] ARS
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: available in law, the Petition stands dismissed
Which statutory provisions did this judgment involve?
Slum Act, 1971 — s. 17.
Which court decided this case, and when?
Bombay High Court, on 03 Feb 2026. The bench was N JAMADAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.