+
Bombay HC refuses to defer demolition of Jogeshwari structures
Real Estate

Bombay HC refuses to defer demolition of Jogeshwari structures

The Bombay High Court refused to defer the demolition of a few structures on a nearly 12,000 sq m land in Jogeshwari (E), observing that it would not only delay true rehabilitation but would also penalize individuals who had evacuated the property.

“This completely elides the situation of others who have vacated and whose structures have been demolished. They are out on a transit rent. They want the project to proceed so that they get their rehab units as fast as possible,” said Justices Gautam Patel and Neela Gokhale.

They heard a petition from 11 structure occupants opposing the Slum Rehabilitation Authority's eviction and destruction notice because there was no survey and their eligibility had not been determined. On May 4, the HC stated that their petition mentioned the survey. 90 of the 272 people on site were judged to be qualified. 180 people refused to cooperate. The petitioners were permitted to apply to the SRA by the HC.

The justices ruled that these constructions must be removed because the survey was conducted. They said the petitioner’s seek “possibly as a mercy application” to extend time to vacate but such an application is “extremely unfair.” They noted that the petitioners “have staved off demolition for the last six months.”

The judges said under SRA law, rehab units have to be constructed first and “staying demolition of individual structures delays completion of the rehab units.”

“It seems to us unthinkable that persons who want protection against demolition should be utterly unmindful of persons who were once their neighbours and fellow slum dwellers. This now becomes an each-person-for himself-or herself situation and all sense of a community or a larger responsibility is lost. We will not permit this,” they added.

SRA’s advocate said it was waiting for authorities, including the electricity and rationing office, to confirm the petitioner’s documents. But the judges said it “entirely unacceptable” that SRA had not sent a reminder to the authorities as HC had ordered it to decide the petitioners’ application by June 8.

The judges adjourned the hearing until June 20 and stated that they would keep an eye on the eligibility decision-making procedure until SRA's conclusion. Regardless of their eligibility, the petitioners consented to accept Gyan S P Developers' offer of a 6-month advance transportation rent.

See also:
Maharashtra govt asks SRA to give Rs 300 bn for Dharavi redevelopment
SRA to lenders, parties can submit proposals till February 1


The Bombay High Court refused to defer the demolition of a few structures on a nearly 12,000 sq m land in Jogeshwari (E), observing that it would not only delay true rehabilitation but would also penalize individuals who had evacuated the property. “This completely elides the situation of others who have vacated and whose structures have been demolished. They are out on a transit rent. They want the project to proceed so that they get their rehab units as fast as possible,” said Justices Gautam Patel and Neela Gokhale. They heard a petition from 11 structure occupants opposing the Slum Rehabilitation Authority's eviction and destruction notice because there was no survey and their eligibility had not been determined. On May 4, the HC stated that their petition mentioned the survey. 90 of the 272 people on site were judged to be qualified. 180 people refused to cooperate. The petitioners were permitted to apply to the SRA by the HC. The justices ruled that these constructions must be removed because the survey was conducted. They said the petitioner’s seek “possibly as a mercy application” to extend time to vacate but such an application is “extremely unfair.” They noted that the petitioners “have staved off demolition for the last six months.” The judges said under SRA law, rehab units have to be constructed first and “staying demolition of individual structures delays completion of the rehab units.” “It seems to us unthinkable that persons who want protection against demolition should be utterly unmindful of persons who were once their neighbours and fellow slum dwellers. This now becomes an each-person-for himself-or herself situation and all sense of a community or a larger responsibility is lost. We will not permit this,” they added. SRA’s advocate said it was waiting for authorities, including the electricity and rationing office, to confirm the petitioner’s documents. But the judges said it “entirely unacceptable” that SRA had not sent a reminder to the authorities as HC had ordered it to decide the petitioners’ application by June 8. The judges adjourned the hearing until June 20 and stated that they would keep an eye on the eligibility decision-making procedure until SRA's conclusion. Regardless of their eligibility, the petitioners consented to accept Gyan S P Developers' offer of a 6-month advance transportation rent. See also: Maharashtra govt asks SRA to give Rs 300 bn for Dharavi redevelopmentSRA to lenders, parties can submit proposals till February 1

Related Stories

Gold Stories

Next Story
Infrastructure Transport

Mumbai-Ahmedabad Bullet Train’s Surat-Vapi Section Set for 2027

The first section of the Mumbai-Ahmedabad Bullet Train corridor, linking Surat and Vapi, is targeted to begin services in 2027. Construction is expected to be completed by December 2026, while Railway Minister Ashwini Vaishnaw has indicated that an inauguration could take place around the middle of 2027. The National High Speed Rail Corporation (NHSRCL) said the train being manufactured in India is expected to reach the tracks around April or May 2027. The train will undergo extensive testing before the section is opened for passenger services. The project began construction in 2021 and includ..

Next Story
Infrastructure Transport

Indian Railways Approves Four Projects Worth Rs. 7.36 bn Across Four States

Indian Railways has approved four projects with a combined value of Rs. 7.36 bn across Uttar Pradesh, Maharashtra, Andhra Pradesh and Gujarat. The programme covers train protection, signalling, electric traction supply and a road overbridge, with each project assigned to a different railway zone. In Uttar Pradesh, Rs. 2.52 bn has been approved to extend the Kavach 4.0 automatic train protection system across 607.7 km in the Lucknow Division of North Eastern Railway. The system monitors train movements and can apply the brakes if a driver fails to observe a signal or exceeds a safe speed. The w..

Next Story
Infrastructure Urban

Chandru Raheja Sells 1.49% Stake in Mindspace REIT for Rs. 5 bn

Billionaire Chandru Lachmandas Raheja has sold a 1.49 per cent holding in Mindspace Business Parks REIT for Rs. 5 bn through a bulk deal on the BSE. The transaction involved 9.9 mn units and was executed at an average price of Rs. 505 per unit, according to exchange data. Following the sale, units of Mindspace Business Parks REIT were trading 0.18 per cent lower at Rs. 504.05 on Tuesday. Exchange data did not identify the buyers involved in the transaction. Raheja is the chairman of real estate company K Raheja Corp. The sale involved 99,00,990 units, representing 1.49 per cent of the Mumbai-b..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

SPECIAL OFFER
QR Code