The Bombay High Court has refused to halt the demolition of structures in Jogeshwari (E), stating that it would delay rehabilitation and harm those who have already vacated the area. The court dismissed a petition by 11 occupants who claimed a lack of survey and eligibility assessment. The judges criticized the petitioners' request for an extension as unfair, emphasizing that the rehabilitation units must be constructed first. The court expressed concern over the loss of community and ordered the Slum Rehabilitation Authority to expedite the eligibility process. The hearing was adjourned, and the petitioners agreed to accept transit rent.
The Bombay High Court has refused to stay the demolition of several structures on a nearly 12,000 square meter site in Jogeshwari (E). The court emphasized that halting the demolition would not only cause a delay in the actual rehabilitation process but also harm those who have already vacated the area.
Justices Gautam Patel and Neela Gokhale expressed concern about the individuals who had already left and had their structures demolished. These individuals are currently receiving transit rent and are eager for the project to proceed so that they can obtain their rehabilitation units as soon as possible.
Last week, the court heard a petition filed by 11 occupants of the structures against the eviction and demolition notice issued by the Slum Rehabilitation Authority (SRA). The petitioners argued that no survey had been conducted and their eligibility for rehabilitation had not been determined. However, on May 4, the court clarified that the petition referred to the survey, and out of 272 people on the site, 90 were found eligible while approximately 180 did not cooperate. The court allowed the petitioners to apply to the SRA.
Considering that the survey had been carried out and the eligible structures had been identified, the judges ruled that the demolition of the structures should proceed. They deemed the petitioners' request for an extension to vacate the premises as "extremely unfair," noting that the petitioners had managed to delay the demolition for the past six months.
The judges pointed out that according to the SRA law, the construction of rehabilitation units must take place first, and delaying the demolition of individual structures would hinder the completion of these units. They expressed their astonishment at the petitioners' lack of consideration for their former neighbors and fellow slum dwellers who were awaiting protection against demolition. The judges criticized the "each-person-for-himself-or-herself" mentality, which disregards the sense of community and larger responsibility.
The SRA's advocate informed the court that they were waiting for confirmation from various authorities, including the electricity and rationing office, regarding the petitioners' documents. However, the judges found it "entirely unacceptable" that the SRA had not sent a reminder to the authorities as ordered by the court to decide the petitioners' application by June 8.
The hearing was adjourned until June 20, and the judges announced that they would closely monitor the process of determining eligibility until the SRA's final decision. The petitioners agreed to accept six months of advance transit rent from Gyan S P Developers, regardless of their eligibility status.
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