Planning Act and not under the said
Act. The provisions of la contained
in the said Act cannot be construed
by referring to the regulations
issued under totally the different
Act. Secondly, the provisions of
clause II are not deeming provisions
relating to the slum rehabilitation
areas but they merely provide for
areas which can be treated as the
slum rehabilitation areas. The
sub-clause (i) of clause II clearly
provides that those provisions are
for the purpose specified in clause I
which precludes clause II. In fact,
sub-clause (i) of clause II begins
with the expression "For this
purpose, ........................"
which clearly signifies that whatever
has been stated subsequent to the
said expression "For this purpose" is
for the purpose specified in the
preceding paragraph. The paragraph
preceding the clause (i) of II
relates to the eligibility for
rehabilitation under the scheme. It
does not relate to any area to be
considered as the slum rehabilitation
area within the meaning of the said
expression under the said Act.
Sub-clause (a) of clause I thereunder
provides that "for redevelopment of
slums including pavements, hose
inhabitants’ names and structures
appear in the electoral roll prepared
with reference to 1st January, 1995
or a date prior thereto, but where
the inhabitants stay at present in
the structure, the provisions of
Appendix IV shall apply on the basis
of a tenement in exchange for an
independently numbered structure."
Sub-clause (b) thereof provides that
"Subject to the foregoing provisions,
only the actual occupants of the
hutments, shall be held eligible, and
the so called structure owner other
than the actual occupant if any, even
if his name is shown in the electoral
roll for the structure, shall have no
right whatsoever to the reconstructed
