MUMBAI: The Bombay High Court has established a three-member committee to address a land dispute at Danda Koliwada, Khar West, where a slum rehabilitation scheme is in progress. Part of this land is utilized by the Koli community for drying fish and nets.
Justices Girish Kulkarni and Aarti Sathe instructed the additional principal secretary of the urban development department, along with the suburban collector and the CEO of the Slum Rehabilitation Authority, “to resolve the issue after hearing both parties and considering a fresh demarcation of the land, taking into account the traditional rights of the petitioners.” The judges emphasized the state’s obligation to address such matters, stating, “The owner of the land, the state government, cannot remain unaware of developments on its prime property.”
Two Koli societies approached the High Court, contesting encroachments by a developer on land designated for fish drying in the development plan. The judges acknowledged that the contested area is adjacent to the petitioners’ land, currently under development by Hanuman Nagar Shubh Shanti CHSL, in collaboration with Jasani Realty Pvt Ltd. They remarked, “On one side are the rights of the encroachers proposing a slum scheme on government land, while on the opposite side are the petitioners asserting their traditional rights. The state government must resolve this impasse in accordance with the law.”
Senior advocate Gayatri Singh noted that approximately 1,500 sq m of land designated for fish drying has been encroached upon, and demarcation has not occurred properly, nor was her clients notified of any attempts. Advocates representing the society and the developer contradicted Singh’s claims.
The judges stated, “The dispute revolves around demarcation and whether the slum redevelopment infringes upon the traditional rights of the petitioners.”
The committee is directed to convene within 10 days, conduct a site visit, and issue appropriate orders considering the rights of both parties. Until demarcation and an official order are established, “no coercive action shall affect the land currently utilized by the petitioners.”
They also called for a status quo until the committee makes a decision, which should be rendered by January 10. If any ruling negatively impacts the petitioners, “it shall not be enforced for ten days from the date of communication.” The judges concluded by granting the petitioners the right to revive the petition if necessary.
