Wadia Ghandy & Co. represented client, Indian Cork Mills Private Limited (ICMPL) before the Supreme Court of India, in Special Leave Petitions against a judgment passed by the Bombay High Court.
This landmark Judgment has settled the law on Slum Rehabilitation and has clarified the rights and potentially conflicting interests of various stakeholders in a slum scheme such as land owners, slum dwellers and developers. The court has held that a landowner of a slum has the first right or a preferential right to redevelop the slum as opposed to other stakeholders such as slum dwellers, society of slum dwellers etc. It has further held that until the Slum Rehabilitation Authority has invited the owner of slum land to submit a scheme, the subsisting preferential right in favour of the owner cannot be frustrated or undermined by initiating the acquisition process of the slum land. A specific notice inviting the owner to submit a slum scheme is mandatory.
Partners Jasmine Sheth Kachalia and Aman Gandhi led the matter and were assisted by Senior Associates Parthasarathy Bose and Aryan Srivastava.
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