HC upholds eviction of 48 slum dwellers for implementing rehab scheme

Hindustan Times

a day ago

MUMBAI: The Bombay high court on Wednesday ordered the eviction of 48 slum dwellers, who had kept on hold a slum rehabilitation scheme meant for 689 hutment dwellers by challenging the authority of the Slum Rehabilitation Authority (SRA) to evict them. (Shutterstock)
The case arose out of a slum rehabilitation project under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, which dealt with 689 slum dwellers at the Aman Shanti Co-op Society. Out of this, 645 were declared eligible for rehabilitation, with 641 already vacating the premises to facilitate the construction.
The SRA delegated a tehsildar to evict the remaining occupants. The tehsildar on August 22, 2024 passed an order, directing the occupants to hand over possession to the developer, India Construction.
However, the occupants approached the Apex Grievance Redressal Committee (AGRC), which dismissed their appeal on May 20, 2025. Subsequently, they moved the Bombay high court, raising questions on the jurisdiction of the tehsildar in the matter.
Senior counsel Girish Godbole submitted that the tehsildar lacked jurisdiction to entertain the application, therefore the entire proceedings stand vitiated. He contended that despite a notification declaring the plot as a slum area was issued, the chief executive officer (CEO) of SRA cannot assume jurisdiction over it without a specific declaration made under the provision of the Slum Areas Act.
Advocate Mayur Khandeparkar, appearing for the developer, said, 'The proper execution of the slum rehabilitation scheme is being held at ransom by the petitioners, which ought not to be permitted.' He also submitted that the contentions raised by the petitioners are unsustainable. While they were seeking benefits under the slum rehabilitation scheme, they were also challenging the jurisdiction of the same authority to entertain the proceedings of the case.
Dismissing the petition, the single judge bench of justice Manish Pitale held that a declaration under the Slum Areas Act was not necessary for sanctioning a scheme of slum rehabilitation governed by the Development Control Regulations. The judge said that since the petitioners are not opposed to the rehabilitation scheme, they cannot be permitted to turn around and pick and choose provisions of the Slum Areas Act at liberty to suit their convenience.
'The petitioners have conceded to taking benefits of the slum rehabilitation scheme being implemented by the SRA. Therefore, they cannot claim that the CEO of SRA or his delegate can have no role to play while considering their eviction for speedy implementation of the same scheme,' the court said.
Directing them to vacate the premises by July 11, 2025, the court said that petitioners are holding on to possession, which is creating unnecessary hurdles in speedy implementation of the scheme. 'The petitioners cannot be permitted to hold such a vast majority of slum dwellers to ransom by raising such pleas of hyper-technical nature while challenging the impugned orders,' the bench concluded.