The Bombay High Court has rejected interim relief in response to a petition by slum dwellers seeking over Rs 15 crore in transit rent arrears or the cancellation of a developer's appointment in a significant Slum Rehabilitation Authority (SRA) project at Jerbai Wadia Road, Parel. The court stayed the proceedings before the Apex Grievance Redressal Committee (AGRC) and questioned the spectrum of rights claimed by the slum societies. The court highlighted the issue of enormous inequity in the city and emphasized the need for statutory interpretation in the case. The next hearing is scheduled for January 29, 2024.
In a recent development, the Bombay High Court has declined to grant interim relief in response to a petition filed by slum dwellers. The petition sought a lump sum disbursal of over Rs 15 crore in transit rent arrears or the cancellation of a developer's appointment in a significant Slum Rehabilitation Authority (SRA) project at Jerbai Wadia Road, Parel. Justices Gautam Patel and Kamal Khata, while delivering their verdict, emphasized that "there is such a thing as going too far" and expressed skepticism about the spectrum of rights claimed by the slum societies. The High Court was addressing a petition filed by Vaibhavi SRA Cooperative Housing Society Ltd against a status quo order issued in March 2023 by the Apex Grievance Redressal Committee (AGRC). The court not only stayed the proceedings before AGRC but also highlighted the issue of enormous inequity in the city, albeit in unanticipated ways. The order, dictated by Justice Patel on November 10, revealed the court's perspective on the demands made by slum dwellers. The justices noted that the slum dwellers, who have encroached on both public and private lands, claim entitlement to not only free accommodation and valuable assets but also substantial amounts as transit rent. The court questioned this entitlement, drawing a parallel with salaried employees in government and courts who, despite routinely drawing on various sources, do not receive free houses. Senior counsel Milind Sathe, representing the slum society with 286 members, argued that the project dates back to 2006 and that the slum site was fully cleared in September 2018. He highlighted that no transit rent had been paid since September 2021, with part dues from earlier periods. The project, situated on an almost two-acre plot, has been the subject of dispute since the Chief of the SRA canceled the builder's appointment in January. The cancellation was stayed on appeal by AGRC. In response to the slum dwellers' plea for the builder's removal, based on Development Control Regulation (DCR) 33(10) and Section 13(2) of the Maharashtra Slum Act, HC emphasized the public law element and the need for statutory interpretation. The court directed the builder, Landmark Developers, to file a reply, admitted the slum society's petition, and scheduled the next hearing for January 29, 2024.
Advertisement
Facebook
Whatsapp
