+
Bombay High Court Criticizes Maharashtra Slum Policy
Real Estate

Bombay High Court Criticizes Maharashtra Slum Policy

In a significant judgement, the Bombay High Court termed Maharashtra's slum policy as "strange" and lamented that an international city like Mumbai is known for its slums. A division bench of Justices Girish Kulkarni and Jitendra Jain criticized the policy that grants free tenements to encroachers, highlighting the detrimental impact on both public and private land ownership.

The court pointed out that this policy has led to substantial tracts of land being diverted from the "state pool," affecting future generations. It emphasized the need for a thorough reassessment of such government policies, noting the severe consequences for Mumbai's urban landscape.

Once slums on private land are recognized under the Slum Act, the encroachment becomes a legitimate right to free tenement for the encroachers, the court observed. This, according to the bench, effectively rewards illegal encroachment, compromising the rights of rightful landowners.

Highlighting the challenge of evicting encroachers, the court expressed concern over the disappearance of major public lands in Mumbai, now subject to private development under the guise of slum redevelopment. The Slum Rehabilitation Authority (SRA), the court noted, bears a significant responsibility to protect property rights objectively and lawfully.

The bench quashed an October 2021 notice from the SRA seeking to acquire land from the Mount Mary Church trust in Bandra for a slum redevelopment project, declaring the acquisition "patently illegal." The court was responding to a petition from Bishop John Rodrigues, representing the church trust, challenging the SRA's move to acquire 1,596 square meters of their land.

The judges reiterated that slum-dwellers are entitled only to permanent alternate accommodation under statutory schemes, not ownership rights over the land. They criticized the state policy for encouraging widespread encroachment, resulting in significant losses for both public and private landowners.

The court underscored the need for a comprehensive review of these policies to safeguard the rights of future generations and ensure adherence to constitutional principles. Acknowledging the necessity of housing for a large migrant workforce, the bench stressed that this should not come at the expense of violating property rights and legal principles.

In conclusion, the court highlighted the complex reality of removing encroachments in Mumbai, noting the involvement of slumlords, criminals, social workers, and politicians who exploit these situations for electoral gains. The court's remarks call for immediate and thoughtful policy revisions to address these deep-seated urban challenges.

In a significant judgement, the Bombay High Court termed Maharashtra's slum policy as strange and lamented that an international city like Mumbai is known for its slums. A division bench of Justices Girish Kulkarni and Jitendra Jain criticized the policy that grants free tenements to encroachers, highlighting the detrimental impact on both public and private land ownership. The court pointed out that this policy has led to substantial tracts of land being diverted from the state pool, affecting future generations. It emphasized the need for a thorough reassessment of such government policies, noting the severe consequences for Mumbai's urban landscape. Once slums on private land are recognized under the Slum Act, the encroachment becomes a legitimate right to free tenement for the encroachers, the court observed. This, according to the bench, effectively rewards illegal encroachment, compromising the rights of rightful landowners. Highlighting the challenge of evicting encroachers, the court expressed concern over the disappearance of major public lands in Mumbai, now subject to private development under the guise of slum redevelopment. The Slum Rehabilitation Authority (SRA), the court noted, bears a significant responsibility to protect property rights objectively and lawfully. The bench quashed an October 2021 notice from the SRA seeking to acquire land from the Mount Mary Church trust in Bandra for a slum redevelopment project, declaring the acquisition patently illegal. The court was responding to a petition from Bishop John Rodrigues, representing the church trust, challenging the SRA's move to acquire 1,596 square meters of their land. The judges reiterated that slum-dwellers are entitled only to permanent alternate accommodation under statutory schemes, not ownership rights over the land. They criticized the state policy for encouraging widespread encroachment, resulting in significant losses for both public and private landowners. The court underscored the need for a comprehensive review of these policies to safeguard the rights of future generations and ensure adherence to constitutional principles. Acknowledging the necessity of housing for a large migrant workforce, the bench stressed that this should not come at the expense of violating property rights and legal principles. In conclusion, the court highlighted the complex reality of removing encroachments in Mumbai, noting the involvement of slumlords, criminals, social workers, and politicians who exploit these situations for electoral gains. The court's remarks call for immediate and thoughtful policy revisions to address these deep-seated urban challenges.

Next Story
Real Estate

DLF Returns to Mumbai with Premium Andheri Residential Project

Delhi-NCR based real estate major DLF announced its return to the Mumbai market on 17 July with the launch of its premium residential project, The WestPark, in Andheri. The first phase includes 416 apartments spread across four towers, with two towers launched on the announcement day. The company plans to invest over Rs 8 billion in the project and expects a topline exceeding Rs 20 billion from Phase 1.“We have launched two towers and, given the strong response, plan to unveil the remaining two towers ahead of schedule, within the next few days,” said Aakash Ohri, Joint Managing Director o..

Next Story
Infrastructure Urban

APCRDA Advances Net Zero Goal with IGBC Training for Officials

In a significant stride towards Andhra Pradesh’s Net Zero target by 2040 and the Swarna Andhra 2047 vision, the Andhra Pradesh Capital Region Development Authority (APCRDA), in partnership with the Indian Green Building Council (IGBC), conducted a high-level capacity-building programme for senior officials in Vijayawada on Friday.Held at a city hotel, the session saw the participation of over 50 senior APCRDA officials, including the Engineer-in-Chief, Chief Engineer (H&B), Director (Planning), Director (Environment), and heads of key departments. The training centred on IGBC’s Green B..

Next Story
Infrastructure Energy

Assam Solar Project Halted as Waaree EPC Contract Is Cancelled

Following the Assam government’s withdrawal from its proposed solar project, the Engineering, Procurement, and Construction (EPC) contract awarded to Waaree Renewable has been suspended. Waaree Group’s EPC division informed the stock exchange of this development through a regulatory filing.The Assam solar project was suspended due to funding challenges, which rendered the initiative unviable for the state government. Waaree Renewable Transmission Limited (RTL) explained that the Government of Assam has withdrawn the project’s funding via the Asian Development Bank (ADB) loan. Consequentl..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

Advertisement

Advertisement

Talk to us?