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TMI Blog2024 (2) TMI 1297X X X X Extracts X X X X X X X X Extracts X X X X ..... is shown as Akbar Nagar. The actual slum, covered by aforesaid definitions, begins behind these showrooms. Thus, petitioners are not suffering any of the challenges faced by the actual slum dwellers of the said slum. In the given circumstances, it is not possible for this court to accept that the showrooms/workshops of petitioners can be called as existing in a slum area. The documents were called for and considered to ascertain the status of Kukrail river/water channel next to the slum area and impact of slum on the said water channel. Once it is held that neither the petitioners are slum dwellers nor their establishments fall within the slum area, the said documents do not in any manner have any impact on the rights of the petitioners. Both before the prescribed authority as well as appellate authority petitioners represented themselves to be slum dwellers and did not place correct facts. Both the authorities have held proceedings and passed orders against petitioners on the basis of the said incorrect presumption. Looking into the entirety of the matter this Court finds no reason to exercise its discretionary jurisdiction in favour of petitioners - Petition dismissed. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... GST Returns Income Tax Returns (Total Income) Land unauthorizedly occupied and total constructed area Other properties 1. 11383/ 2023 Syed Hamidul Bari husband of Najma (petitioner of writ petition at Sl. No.2) Commercial Samrat Furniture Manufacturing Shop ORs. Rs. 2,29,89,900/ - approx (2022-23) Rs. 10,00,870/- (2023-24) 1800 sq.ft. Basement+Ground Floor+First Floor+Second Floor 4x1800 sq. ft.=7200 sq. ft. Residing at 536/2/198, new madehganj, near avadh school, sultanpur road, Lucknow where he is residing with his family; Godown located at Harshita Complex, Faizabad Road, Lucknow. Ancestral agricultural land in ancestral village at Rookhi majhari, Utraula, District Balrampur 2. 514/20 24 Najma Bano wife of Syed Hamidul Bari (petitioner of writ petition at sl. no.1) Commercial Samrat Furniture Manufacturing Shop ORs. Rs. 1,43,09,235/ - approx (2022-23) Rs. 5,29,970/(2022-23) Rs. 4,95,900/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 41,25,584/approx (2023-24) 4,80,470/- (2022-23) 4,81,000/- (2023-24) 400 sq. ft A. A shop in Nishatganj locatedon 980 sq. ft. ; A small flat in IMT Building, New Hyderabad, Lucknow located on 950 Sq. ft., by way of a housing loan for 15 years. 8. 642/20 24 Mohd. Shafeek Khan Petitioner No. 1 Husband of Petitioner No.5 Shahana Commercial cum Residential M/s M.R. Uniform Rs. 45,67,519/approx (2023-24) Rs. 4,97,360/- (2023-24) 540 sq. ft. Ground Floor + First Floor + Second Floor 3x540 sq. ft.= 1620 sq. ft. Petitioner No.1 owns two plot one at Fatima Colony, Husainabad, measuring about 680 sq. ft. and other at Nizampur Malhaur measuring 1600 sq. ft. (owns total 2280 sq. ft.) 9. 11480/ 2023 Irshad Ali Commercial Rs. 10,06,834/approx (2022-23) Rs. 4,98,500/- (2022-23) Rs. 4,94,100 (2023-24) 2,000 sq. ft. (Basement + Ground Floor) 2x2000 sq. ft.=4000 sq. ft. Ghasiyari Living in Ancestral ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t+Ground Floor+First Floor 3x770 sq. ft.=2310 sq. ft. Parental House in Ram Tirth Marg, Narhai, Hazratganj 16. 11468/ 2023 Mohd. Shoaib Ali Commercial Rs. 8,86,412/approx (2022-23) Rs. 88,602/approx (2023-24) Rs. 4,96,500/(2022-23) Rs. 4,90,190/- (2023-24) 1200 sq. ft. Ground Floor+First Floor 2x1200 sq. ft.=2400 sq. ft. Residing in parental house in Ghasiyari mandi, Kaisrbagh 17. 11482/ 2023 Adil Ishtiaq Commercial Rs. 8,39,807/approx (2022-23) Rs. 2,92,576/approx (2023-24) Rs. 4,92,010/(2022-23) Rs. 4,23,930/- (2023-24) 1100sq. ft. Basement+Ground Floor 2x1100 sq. ft.=2200 sq. ft. Residing in parental house in Ghasiyari mandi, Kaisrbagh 18. 11481/ 2023 Mohd. Abubakar Commercial cum residential Rs. 1,65,669/approx (2022-23) Rs. 2,20627/approx (2023-24) Rs. 4,77,980/- 600 sq. ft. Basement+Ground Floor+Fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Floor+ First Floor 2x200=400 sq. ft. Residential detail are not given 3. In the said background, Mr. Sudeep Kumar, Advocate, Sri Anuj Kudesia, Advocate assisted by Sri Ratnesh Chandra, Advocate for the respondent, Lucknow Development Authority, as well as learned Chief Standing Counsel strongly raise preliminary objection, that, these persons are neither slum dwellers nor their properties fall in the category of a slum. They state that by concealing the aforesaid correct facts, with regard to their status, the location and nature of construction and the area occupied by them, they have, by giving false impression to the Court, obtained interim orders on parity. It was incumbent upon them to have approached this Court with clean hands, providing entire details about their status. They have wrongly represented before this Court as poor landless slum dwellers and in the garb thereof are trying to save their huge, illegal and unauthorised constructions on the government land. 4. Attention of this Court is also drawn with regard to case of Sayed Hamidul Bari Najma who are husband and wife and have occupied two separate plots of land and are runn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... do either with slum or slum areas. He submits that it is the U.P. Slum Areas (Improvement and Clearance) Act, 1962 which applies and hence, we should look at the said Act to understand these terms. He refers to Section 2(i) of the Act of 1962 and Clause 4(1) of the Policy dated 29.10.2021 issued under the said Act which defines the term 'Slum'. The same read:- 2(i) Slum area means an area declared as such under Section 3; 7. He submits that neither of the said definitions uses the word 'poor' with regard to a sum dweller or slum area. Therefore, the concept of poor and rich is wrongly being applied. He submits that it is very much possible that a person may earn money with time and become rich but still could continue to remain in a slum area and he can not be denied the benefits as available to other slum dwellers. Mr. Mathur states that judgment in case of S. Sivaprakasaa Mudaliar (Supra), arising from the Madras High Court, is a case relating to acquisition of land and the main issue before the Court was, whether the purpose of acquisition of land would be treated to have changed in case along with slum dwellers, the scheme also permits ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the very poor; a number of these streets or courts forming a thickly populated neighbourhood or district where the houses and the conditions of life are of a squalid and wretched character Chiefly pl., and freq. in the phrase back slum(s). Also rarely, a house materially for human habitation. 10. From the aforesaid dictionary meanings, it is clear that in normal parlance the term slum relates to an area in a city where poor and needy people live in an unhealthy, unhygienic and in conditions not fit and suitable for human habitat and poor living in the said conditions are called slum dwellers. 11 . Admittedly, all these showrooms/workshops, engaged in furniture and related businesses, exist on main road or are immediately adjacent to it. They are getting all benefits of any regular area of the city. They have widest road possible in the city. The main road is not filthy or lacks in any possible municipal facility. Their huge showrooms/workshops cannot be called filthy, run-down or unfit for humans. It is only that their address is shown as Akbar Nagar. The actual slum, covered by aforesaid definitions, begins behind these showrooms. Thus, petitioners are not suffering any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are not given an interpretation which goes against very common sense. Lets take a hypothetical example to explain the issue further. Presuming in a slum, a businessman finding good business opportunity, takes possession of a large piece of land from the actual slum dwellers and illegally, without required sanctions, constructs a multiplex or a big hotel or a big shopping complex or raises any other such big business constructions. Can he, merely because he did these activities within a slum, claim to be a slum dweller entitled to the protection given to dingy houses of slum dwellers, despite all aspects of the matter reflecting his disparity with actual slum dwellers? The answer NO comes to us too loudly. Thus we do not find our common sense accepting the sense of argument raised for the petitioners. The purpose of all legislation as well as law developed and settled by the courts, with regard to slum dwellers is, that these people, due to their poorness and circumstances are forced to live under inhuman conditions of a slum and all possible sympathies be applied and considered for improving their conditions and also while disturbing their possession. We do not find petitioners ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fraction per se does not lead to invalidity of the orders passed. Here again, prejudice must be caused to the litigant, except in the case of a mandatory provision of law which is conceived not only in individual interest, but also in public interest. (3) No prejudice is caused to the person complaining of the breach of natural justice where such person does not dispute the case against him or it. This can happen by reason of estoppel, acquiescence, waiver and by way of non-challenge or non-denial or admission of facts, in cases in which the Court finds on facts that no real prejudice can therefore be said to have been caused to the person complaining of the breach of natural justice. (4) In cases where facts can be stated to be admitted or indisputable, and only one conclusion is possible, the Court does not pass futile orders of setting aside or remand when there is, in fact, no prejudice caused. This conclusion must be drawn by the Court on an appraisal of the facts of a case, and not by the authority who denies natural justice to a person. (5) The prejudice exception must be more than a mere apprehension or even a reasonable suspicion of a litigant. It shou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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