Bombay High Court Criticizes Maharashtra Slum Policy
Real Estate

Bombay High Court Criticizes Maharashtra Slum Policy

In a significant judgement, the Bombay High Court termed Maharashtra's slum policy as "strange" and lamented that an international city like Mumbai is known for its slums. A division bench of Justices Girish Kulkarni and Jitendra Jain criticized the policy that grants free tenements to encroachers, highlighting the detrimental impact on both public and private land ownership.

The court pointed out that this policy has led to substantial tracts of land being diverted from the "state pool," affecting future generations. It emphasized the need for a thorough reassessment of such government policies, noting the severe consequences for Mumbai's urban landscape.

Once slums on private land are recognized under the Slum Act, the encroachment becomes a legitimate right to free tenement for the encroachers, the court observed. This, according to the bench, effectively rewards illegal encroachment, compromising the rights of rightful landowners.

Highlighting the challenge of evicting encroachers, the court expressed concern over the disappearance of major public lands in Mumbai, now subject to private development under the guise of slum redevelopment. The Slum Rehabilitation Authority (SRA), the court noted, bears a significant responsibility to protect property rights objectively and lawfully.

The bench quashed an October 2021 notice from the SRA seeking to acquire land from the Mount Mary Church trust in Bandra for a slum redevelopment project, declaring the acquisition "patently illegal." The court was responding to a petition from Bishop John Rodrigues, representing the church trust, challenging the SRA's move to acquire 1,596 square meters of their land.

The judges reiterated that slum-dwellers are entitled only to permanent alternate accommodation under statutory schemes, not ownership rights over the land. They criticized the state policy for encouraging widespread encroachment, resulting in significant losses for both public and private landowners.

The court underscored the need for a comprehensive review of these policies to safeguard the rights of future generations and ensure adherence to constitutional principles. Acknowledging the necessity of housing for a large migrant workforce, the bench stressed that this should not come at the expense of violating property rights and legal principles.

In conclusion, the court highlighted the complex reality of removing encroachments in Mumbai, noting the involvement of slumlords, criminals, social workers, and politicians who exploit these situations for electoral gains. The court's remarks call for immediate and thoughtful policy revisions to address these deep-seated urban challenges.

Redefine the future of urban mobility! Join us at the Metro Rail Conference 2025 to explore groundbreaking ideas and insights. 👉 Register today!

In a significant judgement, the Bombay High Court termed Maharashtra's slum policy as strange and lamented that an international city like Mumbai is known for its slums. A division bench of Justices Girish Kulkarni and Jitendra Jain criticized the policy that grants free tenements to encroachers, highlighting the detrimental impact on both public and private land ownership. The court pointed out that this policy has led to substantial tracts of land being diverted from the state pool, affecting future generations. It emphasized the need for a thorough reassessment of such government policies, noting the severe consequences for Mumbai's urban landscape. Once slums on private land are recognized under the Slum Act, the encroachment becomes a legitimate right to free tenement for the encroachers, the court observed. This, according to the bench, effectively rewards illegal encroachment, compromising the rights of rightful landowners. Highlighting the challenge of evicting encroachers, the court expressed concern over the disappearance of major public lands in Mumbai, now subject to private development under the guise of slum redevelopment. The Slum Rehabilitation Authority (SRA), the court noted, bears a significant responsibility to protect property rights objectively and lawfully. The bench quashed an October 2021 notice from the SRA seeking to acquire land from the Mount Mary Church trust in Bandra for a slum redevelopment project, declaring the acquisition patently illegal. The court was responding to a petition from Bishop John Rodrigues, representing the church trust, challenging the SRA's move to acquire 1,596 square meters of their land. The judges reiterated that slum-dwellers are entitled only to permanent alternate accommodation under statutory schemes, not ownership rights over the land. They criticized the state policy for encouraging widespread encroachment, resulting in significant losses for both public and private landowners. The court underscored the need for a comprehensive review of these policies to safeguard the rights of future generations and ensure adherence to constitutional principles. Acknowledging the necessity of housing for a large migrant workforce, the bench stressed that this should not come at the expense of violating property rights and legal principles. In conclusion, the court highlighted the complex reality of removing encroachments in Mumbai, noting the involvement of slumlords, criminals, social workers, and politicians who exploit these situations for electoral gains. The court's remarks call for immediate and thoughtful policy revisions to address these deep-seated urban challenges.

Next Story
Real Estate

Colliers India Transacts 207,000 sq ft office space at Embassy TechVillage

Embassy Office Parks REIT, India’s first listed REIT and the largest office REIT in Asia by area, announced that it has signed an Agreement to Lease (‘ATL’) with global cyber security company Rubrik at Embassy TechVillage in Bengaluru.Colliers, a leading global diversified professional services company, specialising in commercial real estate services, engineering consultancy and investment management facilitated the transaction for Rubrik.Located on Bengaluru’s Outer Ring Road, Embassy TechVillage is one of Embassy REIT’s flagship office parks which offers world-class office spaces, ..

Next Story
Infrastructure Urban

Ensemble Infrastructure India Appoints Suman Saha as Director of Design

Ensemble Infrastructure India Ltd, a leading workplace design and build fit-out company, has appointed Suman Saha as its new Director of Design. With 25 years of experience in the industry, Suman is recognized for his innovative approach and excellence in design leadership.Working closely with the CEO, Suman’s appointment will enhance the company’s design communication across multiple touchpoints, ensuring smooth collaboration between clients, designers, and execution teams for superior project outcomes. Under his guidance, Ensemble will focus on creating workspaces and design labs that em..

Next Story
Products

Ribbon Vanity by Küche7: Fluid Design Meets Everyday Elegance

Küche7, pioneers in luxury stainless steel kitchens, have unveiled the Ribbon Vanity, a graceful creation that transforms bathroom spaces with its soft, flowing design and understated sophistication. Inspired by the fluid form of a ribbon, this vanity combines smooth finishes, clean lines, and gentle curves, offering a timeless aesthetic that seamlessly complements diverse interior styles.Available in a refined blush pink hue, the Ribbon Vanity effortlessly merges functionality with elegance. With thoughtfully designed storage options, it ensures that bathroom essentials are neatly organised ..

Hi There!

"Now get regular updates from CW Magazine on WhatsApp!

Join the CW WhatsApp channel for the latest news, industry events, expert insights, and project updates from the construction and infrastructure industry.

Click the link below to join"

+91 81086 03000