Bombay HC dismisses plea challenging use of salt pan land for Dharavi project rehabilitation

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2 days ago

The Bombay High Court on Thursday dismissed a plea challenging the Maharashtra government's decision to acquire 255 acres of salt pan land in Mumbai to rehabilitate persons affected by the Dharavi redevelopment project, The Indian Express reported.
The salt pan land parcels, owned by the Union government, are located along Bhandup, Kanjurmarg and Mulund. The land parcels are to be handed over to Adani Realty, a subsidiary of the Gautam Adani-led Adani Group.
The company is leading the Dharavi redevelopment project, which will create rental housing options for slum dwellers ineligible for rehabilitation in Dharavi.
In February 2024, the Maharashtra Cabinet had approved a proposal to request the Union government to transfer the land parcels on a 99-year lease for the Dharavi project.
The petitioner had challenged the validity of the state government's decision to use the salt pan land to rehabilitate ineligible persons affected by the Dharavi project.
The public interest litigation contended that the Maharashtra government's decision contravened past judgements of the Supreme Court and the High Court as the land parcels were part of a wetland where construction was not allowed.
The petitioner argued that the rehabilitation cannot be allowed because the land is located inside the coastal regulation zone, The Hindu reported. Coastal Regulation Zones are areas along the coastline where construction activity is regulated to protect the ecosystem.
Additional Solicitor General Anil Singh, representing the Union government, opposed the plea, arguing that it had been filed in a 'casual and cavalier manner', The Indian Express reported.
The Union government argued that the persons affected by the Dharavi project had to be rehabilitated and that no law prohibited using salt pan lands for the purpose.
The bench of Chief Justice Alok Aradhe and Justice Sandeep V Marne observed on Thursday that the petitioner had not carried out research and failed to disclose the basis of the information mentioned in the plea.
The court noted that while salt pan lands were considered as wetlands, the Union government had in 2024 changed the policy to permit the transfer of such parcels at concessional prices for purposes such as slum redevelopment, affordable housing, housing for the Economically Weaker Section and housing for persons affected by projects, The Indian Express reported.
However, the bench said that the state government must consider environment-related issues while implementing the project.