The Bombay High Court declined to halt the creation of additional tenements for project-affected persons (PAP) in Mumbai, amidst a PIL seeking to cancel BMC's scheme procuring housing from the open market. Justices Gautam Patel and Kamal Khata emphasised the wider public interest in providing housing for PAPs affected by infrastructure projects. The court heard three PILs alleging a scheme benefiting certain developers. BMC began purchasing housing units at market rates from developers in 2021, prompting scrutiny over the PAP policy's validity.
In a recent development, the Bombay High Court has made a decision regarding the creation of additional tenements to accommodate project affected persons (PAP). During a hearing last week, the court rejected the plea to halt the process of creating these tenements, emphasising the importance of broader public interest.
Justices Gautam Patel and Kamal Khata, presiding over the case, expressed that granting the interim relief sought by the petitioner would prejudice the state's efforts to provide housing for PAPs affected by various projects, including critical infrastructure developments aimed at the city's betterment.
The court addressed three Public Interest Litigations (PILs) filed by Bharatiya Janata Party (BJP) leader Kirit Somaiya and two others. Somaiya alleged irregularities in the Brihanmumbai Municipal Corporation's (BMC) scheme, suggesting it favoured certain developers. He claimed that the scheme, initiated by the BMC in collaboration with the Maha Vikas Aghadi (MVA) government, aimed to procure housing units from the open market to accommodate PAPs affected by road widening and drainage projects.
Since 2021, BMC has been purchasing 300 sq ft housing units at market rates from private developers, offering them transferable credit notes, transferable development rights (TDR), and other concessions.
During the hearing, the judges emphasised the necessity of providing tenements for PAPs and asserted that petitioners cannot dictate the housing policy for such individuals. This stance echoes their previous sentiment expressed in November, where they highlighted the need for a comprehensive policy regarding the procurement of PAP tenements. Subsequently, the state established a task force, led by a former High Court judge, to address these concerns, with the task force's report currently under government consideration.
Given the challenges to the validity of the PAP policy, the judges have summoned the advocate general to provide assistance in the matter on April 2nd. This move suggests a continued judicial scrutiny of policies aimed at addressing housing issues for project affected persons in Mumbai.
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