MUMBAI: The Bombay High Court recently took significant action to support eligible slum residents wrongfully denied their rehabilitation tenements. The court has instructed the principal secretary of the State Urban Development Department to formulate a system, in collaboration with the CEO of the Slum Redevelopment Authority (SRA), to identify illegal occupants within various schemes.
A two-judge bench, consisting of Justices Girish Kulkarni and Aarati Sathe, emphasized that adherence to the court’s directives would provide justice to those rightfully entitled to tenements but currently deprived, not only due to illegal actions by builders but also because of SRA officials who operate at the ground level.
The High Court noted on September 8, “We also find that the CEO of the SRA is frequently unaware of numerous illegal activities occurring at the ground level, largely due to the disruptive actions of lower-tier officials.” They added, “Such officials or staff must be identified and held personally accountable.”
The HC indicated that the SRA CEO should identify personnel who have failed in their duties and infringed upon citizens’ fundamental rights, including rights to equality, life, liberty, and property. The state is required to ensure compliance with High Court orders to recognize individuals eligible for slum tenements who are currently denied allocation due to unlawful occupation by ineligible individuals.
This order arose during a compliance hearing, where it was revealed that the petitioner had received a shop in a Bandra East building under an SRA scheme after it was vacated from an illegal occupant. The petitioner was also compensated with a transit rent exceeding Rs 34 lakh, including arrears and interest.
The petitioner argued that the shop received was smaller than their legal entitlement, prompting the HC to direct the SRA to implement corrective measures to ensure the proper size as sanctioned.
The High Court scheduled the next hearing for four weeks later to ensure that accurate information is promptly provided to the urban development department to empower decisive actions on the issue.
