Bombay High Court
Mahakali Nagar Rahivasi Sra Sahakari ... vs The State Of Maharashtra on 12 August, 2025
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
2025:BHC-OS:13051-DB
906.WPL19963_2025.DOC
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION(L) NO. 19963 OF 2025
Mahakali Nagar Rahivasi SRA Sahakari Gruhnirman
Sanastha (Maryadit) (SRA Project) ... Petitioner
Vs.
The State of Maharashtra & Ors. ... Respondents
_______
Mr. Sagar Arun Kasavkar a/w. Ms. Anushka Jvan Martis, Sanket Sahu for the
petitioner.
Ms. Gauri Sawant, AGP for the State.
Mr. Akshay P. Shinde for respondent nos. 3 and 6-MMRDA.
Smt. K.H. Mastakar a/w. Ms. Smita Tondwalkar i/b. Komal Punjabi for the BMC.
Ms. Ravleen Sabharwal i/b. R.S. Justicia Law Chambers for SRA.
_______
CORAM: G. S. KULKARNI &
ARIF S. DOCTOR, JJ.
DATED: 12 AUGUST, 2025
P.C.
1. This petition under Article 226 of the Constitution is filed praying for the
following reliefs:
"a) Issue a Writ of Mandamus or any other appropriate Writ, Order
or Direction, restraining the respondents and/or their agents, officers or
any person acting under their instructions, from taking any coercive
action, including but not limited to eviction or demolition, against the
seven (07) temporary transit structures currently occupied by the
members of the petitioner-society, until such time as the Slum
Rehabilitation Authority (SRA) scheme is fully implemented and the
concerned society members are duly allotted and handed over
permanent residential units in the completed rehabilitation building
under the sanctioned SRA project.
b) Issue a direction staying the operation and implementation of
any oral or written orders, communication or directions issued by the
respondents, or any of their subordinate authorities, pertaining to the
demolition or removal of the said seven (07) transit structures presently
occupied by the lawful beneficiaries of the petitioner-society, pending
the final hearing and disposal of the present Writ Petition.
c) That this Hon'ble Court be pleased to issue a writ of mandamus
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or any other appropriate writ, order or direction, directing the
respondents, particularly the Mumbai Metropolitan Region
Development Authority (MMRDA) and the Munciipal Corporation of
Greater Mumbai (MCGM), to consult and coordinate with the Slum
Rehabilitation Authority (SRA) and to take all necessary and effective
steps to ensure that each and every society members of the petitioner-
society under the subject SRA scheme is duly allotted a residential unit
in the Rehabilitation building constructed on the same site/location, in
accordance with the applicable laws, policies and sanctioned plans, in
the interest of justice, equity and fair implementation of the
rehabilitation scheme.
d) That this Hon'ble Court be pleased to issue a writ of mandamus
or any other appropriate writ, order or direction, thereby directing the
Slum Rehabilitation Authority (SRA) to expedite the adjudication and
disposal of the Petitioner's pending application under Section 13(2) of
the Slum Rehabilitation Act, filed against the Developer, which is
pending consideration. It is submitted that the last hearing in the said
proceedings was held on 25th March 2025 at the office of the SRA, and
no further steps have been taken thereafter, thereby causing undue delay
and prejudice to the Petitioner Society and its members.
e) Issue a Writ of Mandamus or any other appropriate Writ, Order
or Direction, directing the Slum Rehabilitation Authority (SRA) to
initiate and expedite the process for the selection and appointment of a
new, financially capable, and technically competent developer for the
Mahakali Nagar Slum Rehabilitation Scheme, strictly with the consent
and active participation of the Petitioner Society's committee members,
ensuring no further delay in the project completion.
f) Issue a Writ of Mandamus or any other appropriate Writ, Order
or Direction, directing the Respondents, particularly MMRDA and
MCGM, to reconsider and appropriately modify the design and
alignment of the Worli-Sewri Elevated Connector Project to ensure that
there is no adverse impact on the sanctioned Slum Rehabilitation
Authority (SRA) scheme, its structural integrity, layout, or
implementation. The revised planning shall unequivocally safeguard the
rights and entitlements of the society members under the scheme and
must be in conformity with the approved SRA plans and relevant
statutory provisions.
g) Declare and acknowledge that the permission and approval for
the subject SRA scheme were granted prior in time to the planning and
approval of the Worli-Sewri Elevated Corridor Project, and therefore,
the ongoing SRA scheme has a legally enforceable precedence in terms
of land use and planning priority over the Worli-Sewri Elevated
Corridor Project.
h) Direct the SRA and MMRDA to ensure that the implementation
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of the Worli-Sewri Elevated Corridor Project shall not obstruct, delay,
alter, or in any manner prejudice the construction and completion of the
rehabilitation building and associated works under the approved SRA
scheme, and that all development activities are coordinated to avoid
conflict.
i) Grant interim reliefs in terms of prayer (a) to (e) and (g) and (h)
above, pending the final disposal of the present Writ Petition."
2. At the outset, we may note that today this petition was moved at the behest
of respondent no. 3-The Metropolitan Commissioner, Mumbai Metropolitan
Region Development Authority (for short "MMRDA"). It is not in dispute that
respondent no. 2-Chief Executive Officer has approved a slum rehabilitation
scheme in respect of land bearing CTS No. 208 (pt.), 209(pt.) of village Worli
Division. Though the land belongs to Maharashtra Housing Area Development
Authority (MHADA), it is are not made a party to this petition. The slum
rehabilitation scheme on this plot of land was approved in the year 2004.
Annexure-II was finalized on 17 September 2004 listing 272 members. However,
the eligibility of some of the members is still not decided. It appears that the
work of constructing the slum rehabilitation in the rehabilitation building has
remained incomplete for last almost 12 years, as informed to us. Also the
petitioner-society has moved an application on 17 January 2024 before the Chief
Executive Officer for removal of the developer, as there was no progress on the
work being undertaken by the developer to complete the rehabilitation building.
We are informed that the last hearing was held on 25 March, 2025. We are
informed that the said application is closed for orders and the order will soon be
passed.
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3. Be that as it may, the concern today is primarily in respect of 7 slum
dwellers whose structures, according to the MMRDA, are falling/obstructing the
public works of Worli-Sewri Elevated Corridor. Out of the 7 slum dwellers, who
have put their structures on the land and which is now required to be utilized for
the said project, four slum dwellers have accepted the transit rent and have
vacated their structures. The question is only of three slum dwellers, whose
names are Sharda Suhas Page, Hemchand Gangaram Gupta, Kalpana Bhagwan
Mhatre and who were issued notices on 25 April 2022 (Exhibit 'F' page 95).
4. The contention as urged by Mr. Shinde, learned counsel for MMRDA that
these three slum dwellers need to vacate, as public work is getting adversely
affected.
5. Ms. Sabharwal, learned counsel for SRA has made a statement before us
that SRA is ready and willing to make payment of advance transit rent at
Rs.25,000/- per month to these slum dwellers for a period of one year from the
date they vacate their premises.
6. Such offer as being made on behalf of the SRA is being accepted by these
three slum dwellers. Learned counsel for the petitioner, on instructions, would
submit that within 10 days from the receipt of the amount of transit rent, they
would vacate their structure. We accept the statement.
7. The Slum Rehabilitation Authority is directed to pay the amount of transit
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rent to these slum dwellers by tomorrow, i.e., 13 August 2025, by depositing in
their respective bank accounts by RTGS , which would be the advance rent for the
period of one year effective from 13 August 2025 to 13 August 2026.
8. The concerned slum dwellers, namely, Sharda Suhas Page, Hemchand
Gangaram Gupta, Kalpana Bhagwan Mhatre, shall place on record an undertaking
by tomorrow that they shall vacate their respective structures within 10 days from
tomorrow, i.e., from the date of receipt of the payment as also disclosing their
bank details and photographs.
9. In the event, these slum dwellers do not come forward to accept the
payment by 14 August 2025, it shall be presumed that they are not interested to
receive the transit rent and the authorities are directed to take appropriate action
and remove the structures of these slum dwellers.
10. If undertaking is filed by tomorrow (13 August 2025) in this Court, a copy
of which be furnished to the SRA, the amount of transit rent be paid to these slum
dwellers by the SRA. In such event, they are permitted to remain in occupation
for a period of 10 days from tomorrow, i.e., upto 22 August 2025, thereafter they
shall unconditionally vacate their respective structures on or before 22 August
2025, failing which the authorities are permitted to take appropriate action and
remove the structures, which are obstructing the public works.
11. Insofar as the application under Section 13(2) of Slums Act is concerned,
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we direct that appropriate order in accordance with law on the same be rendered
within a period of 15 days from today, as hearing has stood concluded in March
2025 and orders are yet to be passed.
12. In this view of the matter, in our opinion, further adjudication of the
petition is not called for.
13. We clarify that we have not delved into any other contentions in regard to
the project which is lying incomplete and the slum dwellers which are large in
number are yet to receive benefit of slum rehabilitation. We find that in this case,
there is a large delay in completion of the project. It cannot be countenanced that
slum rehabilitation scheme which has commenced in 2004 and remained
incomplete for such a long period of 20 years. The law in this regard is well-
settled. The decision in Yash Developers vs. Harihar Krupa Cooperative Housing
Society Ltd.1 and also the judgment of Supreme Court on the said case (Yash
Developers vs. Harihar Krupa Cooperative Housing Society Ltd. 2) needs to be
applied by the SRA, as it cannot be that a developer for over 20 years cannot
complete the project. We are informed that the slum dwellers are also not paid
rent for almost 15 years and this cannot be countenanced in any manner
whatsoever.
14. All these issues are required to be taken into consideration in passing an
appropriate order under section 13(2) proceedings. If what has been canvassed by
the slum dwellers is correct that the slum dwellers are not paid rent for 12 years,
1 2022 SCC OnLine Bom 371
2 SC-2024 INSC 559
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then certainly this is a serious ground that the SRA needs to take over the project
itself as permissible under Section 13 and complete the project in a manner
known to law, unless there are serious impediments with which the developer or
even the slum rehabilitation authorities are incapable of resolving insofar their
obligations are concerned.
15. With these observations, in our opinion, keeping open all other
contentions on the slum project, we dispose of the petition. No costs.
(ARIF S. DOCTOR, J.) (G. S. KULKARNI , J.)
Signed by: Vidya S. Amin 12 August 2025
Designation: PS To Honourable Judge
Date: 12/08/2025 19:30:17
