Supreme Court · 2010 INSC 839 · Decided 1 December 2010
Laxmi Ram Pawar v. Sitabai Balu Dhotre & ANR.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 839 · [2010] 15 S.C.R. 185
- Case number
- CIVIL APPEAL No. 2789/2005
- Decided
- 1 December 2010
- Bench
- AFTAB ALAM, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Maharashtra Slum areas (Improvement, Clearance and Redevelopment) Act, 1971: ss. 4 and 2(e)(v) - 'Slum area' - 'Occupier'- 'Trespasser' - HELD: 'Occupier' as defined in Clause (v) of s.2(e) includes any person who is liable to pay to the owner damages for use and occupation of any land or building fold and sweep a trespasser since such person is not only 0 liable for damages for an act of trespass, but also liable to pay damages for use and occupation of land or building trespassed by him - It is immaterial whether damages for use and occupation are, in fact, claimed or not. ss. 4, 2(e)(v)
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