MUMBAI: Two societies representing the Koli community in Danda Koliwada, a fishing village in Khar, have filed a petition against the Bombay High Court regarding an order from the Slum Rehabilitation Authority (SRA) that classified part of their land, currently used for drying fish and related activities, as a slum rehabilitation area.
The Danda Koli Masemari Vyavasayik Sahakari Maryadit and Danda Koli Samaj are contesting the SRA CEO’s order dated May 17, 2022, concerning 3,450 sqm of land that is reserved for a fish drying yard under the approved development plans (DPs). “Including such reserved land in a slum rehabilitation area endangers the rights and livelihoods of the Khar Danda Koliwada fishing community,” the petition asserts.
The petitioners note that according to the second DP sanctioned in 1991, a small area was designated for Koli housing. However, in May 2008, the BMC lifted the ‘Koli housing’ reservation, maintaining the original land reserve for fish and net drying. A significant modification to DP 2034 in 2018 sought to change the reservation from fish drying to ‘Koli housing’ and ‘housing.’ While this case was pending, the SRA CEO declared the 3,450 sqm area as slum rehabilitation land on behalf of Jesani Realty Pvt Ltd, which the societies challenge.
On September 12, 2022, the urban development department issued a notification denying approval for the change of reservation from fish drying to ‘Koli housing’ and ‘housing.’ The societies argue that the SRA CEO’s decision is “arbitrary, unilateral, and contravenes the fundamental rights guaranteed by Articles 14 (equality) and 21 (right to life).” They contend that the order treats the land as a slum, in violation of its statutory reservation for fish drying and favors the developer. This land is essential for their livelihood, and the order disregards their objections, threatening their right to life.
The plea states that the SRA CEO’s order breaches the procedures set in the Maharashtra Regional and Town Planning Act regarding the preparation and approval of development plans. Furthermore, there was inadequate demarcation of the land, which could allow the developer to unlawfully encroach on land that the petitioners rightfully occupy.
The societies have requested that the High Court nullify the SRA CEO’s order and prevent any demolition of structures used for fish drying. They are also calling for the BMC, the fisheries department, and the collector to survey and delineate the boundaries in the entire Khar Koliwada area.
The petition is expected to be heard when the High Court resumes its sessions.
