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The Supreme Court has dismissed an appeal filed by residents against the Slum Rehabilitation Authority (SRA) notice, thereby clearing the path for the redevelopment of the Bharat Nagar slum in Bandra (East). The SRA had surveyed 2,965 slum structures, finding 2,625 eligible for rehabilitation. The appellants had contested the redevelopment, claiming the plot fell under Maharashtra Housing and Area Development Authority (MHADA) jurisdiction, but their plea was repeatedly dismissed at various levels. The Supreme Court upheld the earlier decisions, noting that the appellants were merely transit tenants, and ruled that the appeals lacked merit. It was also observed that a majority of eligible slum dwellers had already agreed to the redevelopment, making the project legally and procedurally valid.
The Supreme Court has granted approval for the redevelopment of the Bharat Nagar slum in Bandra (East) by dismissing an appeal filed by residents against the Slum Rehabilitation Authority (SRA) notice, which had directed them to vacate their premises for the slum rehabilitation (SR) project. Advertisement
The Supreme Court remarked that the appellant residents had been employing delaying tactics to obstruct the project, as they were deemed ineligible for slum rehabilitation.
According to the SRA, a survey conducted in the Bharat Nagar slum area identified 2,965 slum structures, of which 2,625 were eligible for rehabilitation.
In January 2019, the SRA had issued a notice under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, instructing the appellants to vacate their premises within 15 days, as the area was earmarked for redevelopment.
The appellants had then approached the Apex Grievance Redressal Committee (AGRC) under the Slum Act, which dismissed their plea in June 2019. They contended that the plot fell under the jurisdiction of the Maharashtra Housing and Area Development Authority (MHADA) and should be redeveloped under the Development Control Regulations (DCR) instead of the SR scheme.
Despite the AGRC affirming the SRA's notice, the appellants refused to hand over their premises for redevelopment. Consequently, in December 2022, the SRA issued another notice directing them to vacate their premises within 48 hours. This was subsequently challenged before the high court.
Following the high court's dismissal of their plea in 2023, the appellants approached the Supreme Court, asserting that they were MHADA tenants paying rent to the authority. The Supreme Court referenced the 2019 AGRC order, which found no validity in their claim. It noted that MHADA had consistently maintained that the concerned plot was not within its layout, and the appellants were not its tenants. Instead, they were transit cap tenants, provided accommodation during the widening of the Western Express Highway (WEH), and were merely paying transit fees and other service charges, making them ineligible for slum rehabilitation. The Supreme Court further highlighted that over 70% of the eligible slum dwellers had already agreed to the redevelopment, a requirement under the DCR.
The SRA informed the high court that Bharat Ekta Cooperative Society, representing 261 eligible slum dwellers, was a legitimate entity, contrary to the appellants' claims. The authority also stated that the redevelopment project had reached an advanced stage, and allowing the appellants to obstruct it would undermine the rehabilitation of numerous slum dwellers.
The bench criticised the appellants for their delaying tactics and observed that some of them, initially eligible for rehabilitation, later declined the offer. It was noted that the reason behind their refusal was their expectation of larger accommodations if MHADA undertook the redevelopment, which is generally not provided in slum rehabilitation projects.
The Supreme Court's ruling has eliminated the final hurdle for the Bharat Nagar slum redevelopment, reinforcing the legitimacy of the SRA's notice. The court's observations underscore the importance of adhering to redevelopment laws and ensuring that a minority does not impede progress that benefits a larger section of society.
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