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
Infrastructure Energy

Amazon Achieves 100% Renewable Energy

Amazon has achieved its goal of powering its global operations with 100% renewable energy, seven years ahead of its original target set for 2030, as reported. This significant milestone underscores Amazon's commitment to sustainability and its leadership in corporate renewable energy adoption. Amazon's journey towards 100% renewable energy began with a series of strategic investments in solar and wind projects around the world. These projects include large-scale wind farms and solar arrays that contribute substantial amounts of clean energy to the grid. By reaching this goal early, Amazon has ..

Next Story
Infrastructure Energy

Faster Renewable Expansion Needed: IRENA

The International Renewable Energy Agency (IRENA) has emphasized the urgent need for an accelerated expansion of renewable energy to meet global 2030 targets, as reported by the Economic Times. According to IRENA, current efforts are insufficient, and a substantial increase in the deployment of renewable energy technologies is crucial to achieving climate goals and ensuring sustainable development. IRENA's latest report highlights that despite progress in renewable energy adoption, the pace of growth must triple to align with the targets set in the Paris Agreement. The report stresses that ren..

Next Story
Infrastructure Energy

SECI Announces Green Hydrogen Tender

SECI's Green Hydrogen Tranche-II tender is designed to attract investments and partnerships in the green hydrogen sector. The tender aims to promote the development of green hydrogen projects across the country, leveraging India's vast renewable energy resources. This move aligns with the government's National Hydrogen Mission, which focuses on creating a sustainable hydrogen economy and reducing carbon emissions. The tender seeks proposals from companies and consortiums capable of establishing large-scale green hydrogen production facilities. These facilities will utilize renewable energy sou..

Hi There!

"Now get regular updates from CW Magazine on WhatsApp!

Join the CW WhatsApp channel for the latest news, industry events, expert insights, and project updates from the construction and infrastructure industry.

Click the link below to join"

+91 81086 03000

Join us Telegram