MUMBAI: The Bombay High Court, represented by Justices Girish Kulkarni and Aarti Sathe, stated on Wednesday that large public land cannot be unjustly claimed under the pretext of slum rehabilitation. Expressing concern over the state’s actions, the court issued an interim order emphasizing that a prime 33-acre public space in the Cuffe Parade/Colaba area—one and a half times the size of Oval Maidan—should remain accessible to the public rather than be handed over for private development, especially when the city is already facing a shortage of public parks and open spaces, a necessity under the Indian Constitution.
The court asserted that the rights of slum dwellers cannot take precedence over the public interest and that such significant lands should only be used for public purposes. It was revealed that a slum society, comprised of 65,000 encroachers, intends to have this land developed by their appointed builder, Precaution Properties Pvt Ltd. The judges noted that allowing such benefits to 65,000 slum dwellers at no cost undermines public interest and is detrimental to the long-term needs of the city.
The slum society and the builder appeared before the court to challenge the defense ministry’s denial of a no-objection certificate (NOC) required to advance their Slum Rehabilitation Authority (SRA) project. The court highlighted the ongoing construction boom in the city, which diminishes public open spaces—a fundamental requirement for a humane living environment. It remarked that the SRA seemed overly eager to permit the permanent removal of substantial government land from the public domain, land that could otherwise be utilized for public utilities such as parks or community areas.
The court maintained that the Slum Act cannot supplant constitutional principles, emphasizing the necessity for strict compliance by authorities. It added that any alternative viewpoint would essentially represent a violation of the Constitution. The judges noted that the south Mumbai land initially permitted for encroachment is now being claimed for private development under the guise of a slum scheme, highlighting a recurring method to divert valuable public lands.
“Mumbai, an island city, faces increasing difficulties in locating government land for public use,” the judges stated, asserting the significance of the prime sea-facing land for various public purposes.
The court instructed the Maharashtra government to submit an affidavit detailing whether the Cabinet had reached a well-considered decision regarding the allocation of such a vast area for slum redevelopment. It was also necessary for the state to clarify if the collector sought decisions from the highest State authorities. The court expressed serious reservations about permitting any slum redevelopment plans on such a prime plot, given the apparent shortage of space for essential public amenities.
Furthermore, the court recognized the need to hear from the defense ministry and scheduled the next hearing for October 15. It requested assistance from the state’s advocate general and required affidavits from the ministry of defense, as well as the state’s revenue and urban development departments and the SRA chief executive officer, within ten days.
The petition indicated that the 65,000 slum dwellers have faced challenges for over two decades, with no developer successfully implementing a scheme. After Precaution’s proposal was finally accepted, it faced obstruction due to litigation for over a decade, with the most recent opposition coming from defense authorities. Additional delays or derailments of the project would not serve the public interest and would negatively impact the local residents of Cuffe Parade.
