Bombay High Court
A. B. Builders And Developers vs State Of Maharashtra on 8 May, 2026
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
Digitally
signed by
PRASHANT
PRASHANT VILAS
RANE
2026:BHC-OS:11970-DB
VILAS SMWP1_2024.DOC
RANE Date:
2026.05.08
17:23:50
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUO MOTU IN WRIT PETITION NO. 1 OF 2024
High Court On Its Own Motion ...Petitioner
Versus
State Of Maharashtra Through Government Pleader ...Respondent
WITH
INTERIM APPLICATION NO.2407 OF 2025
WITH
INTERIM APPLICATION (L) NO. 28516 OF 2024
WITH
INTERIM APPLICATION NO.3917 OF 2024
WITH
INTERIM APPLICATION (L) NO. 30515 OF 2024
WITH
INTERIM APPLICATION NO. 3024 OF 2024
WITH
INTERIM APPLICATION (L) NO. 28846 OF 2024
WITH
INTERIM APPLICATION (L) NO. 28762 OF 2024
WITH
INTERIM APPLICATION (L) NO. 25664 OF 2024
WITH
INTERIM APPLICATION (L) NO. 25848 OF 2024
IN
SUO MOTU IN WRIT PETITION NO. 1 OF 2024
WITH
PUBLIC INTEREST LITIGATION NO. 83 OF 2019
Vijendra Kumar Rai ...Petitioner
Versus
State Of Maharashtra And 22 Others ...Respondent
WITH
PUBLIC INTEREST LITIGATION NO. 109 OF 2019
Vijendra Kumar Rai ...Petitioner
Versus
State Of Maharashtra And 21 Ors ...Respondent
WITH
CONTEMPT PETITION (L) NO.5058 OF 2024
Page 1 of 264
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Navalben Kantilal Karia ...Petitioner
Versus
State of Maharashtra Thr. Government Pleader ...Respondent
WITH
CONTEMPT PETITION (L) NO.3760 OF 2023
Vijendra Kumar Rai ...Petitioner
Versus
Chief Executive Officer, SRA ...Respondent
WITH
CONTEMPT PETITION (L) NO.29681 OF 2023
Sadiqa Ali Abbas ...Petitioner
Versus
The State of Maharashtra Thr. Government Pleader ...Respondent
WITH
CONTEMPT PETITION (L) NO.5661 OF 2024
Mohammad Sharif Gulam Rasool Shaikh ...Petitioner
Versus
The State of Maharashtra and Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 3179 OF 2023
Haseena Istiyak Ansari ...Applicant
Versus
Vijendra Kumar Rai and Ors. ...Respondents
WITH
SUO MOTO PIL NO. 2 OF 2023
High Court On Its Own Motion ...Petitioner
Versus
State Of Maharashtra ...Respondent
WITH
WRIT PETITION NO. 1292 OF 2018
Vijendra Kumar Rai ...Petitioner
Versus
State Of Maharashtra And 17 Ors. ...Respondent
WITH
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WRIT PETITION (ST) NO. 26454 OF 2023
A. B. Builders And Developers ...Petitioner
Versus
State Of Maharashtra ...Respondent
WITH
WRIT PETITION NO. 3571 OF 2023
Confederation Of Real Estate Developers
Association Of India ...Petitioner
Versus
The State Of Maharashtra Through The
Principal Secretary ...Respondent
WITH
WRIT PETITION NO. 115 OF 2024
WITH
INTERIM APPLICATION (L) NO.7753 OF 2024
Royal Netra Constructions Private Limited ...Petitioner
Versus
State Of Maharashtra Through The Principal Secretary ...Respondent
__________
Mr. Darius Khambata, Sr. Adv., Mr. Sharan Jagtiani, Sr. Adv., Ms. Naira
Jejeebhoy Amicus Curiae, alongwith Mr. Priyank Kapadia, Mr.Chanan Parwani,
Mr. Tushar Hathiramani, Mr. Tanmay Pawar, Shreenandini Mukhopadhyay, Mr.
Muttahar Khan, Ms. Shraddha Achliya, Ms. Avani Divan, Ms. Sankalpita Mullick
Mr. Samit Shukla, Mr. Siddharth Shah, Ms. Masira Shaikh - Nodal Officers.
Dr. Birendra Saraf, Sr. Adv a/w Mr. Vaibahav Charalwar for SRA in
SMWP/1/2024.
Mr. Shiraz Rustomjee, Sr. Adv. a/w Mr. Jay Chabria, Mr. Pratik Pai, Ms. Sheetal
Shah, Ms. Shreya Parkh i/b M/s Mehta & Girdharlal for Applicant in
IAL/28516/2024.
Mr. Navroz Seervai, Sr. Adv a/w Mr. Kunal Mehta, Mr. Robin Fernandes, Mr.
Sukrit Parashar and Mr. Shiroy Pavri, Ms. Lillyan Thangkhiew, Mr. Aditya
Shinde, Mr. Surja Kale i/b M/s. Vesta Legal for Applicant in IAL/28762/2024.
Mr. Mayur Khandeparkar a/w Mrs. Jasmine Kachalia, Mr. Aryan Srivastava, Mr.
Viren Mandhle, Mr. Sahil Singh, Ms. Dhun Vinod Santosh i/b Wadia Ghandy &
Co. for NAREDCO WEST FOUNDATION.
Ms. Gulnar Mistry a/w Mr. Akash Rebello, Mr. Prateek Pai, Mr. Peterasp Sasuri,
Ms. Prachi Pandya i/b. Corporate Attorneys for Applicant in IAL/28730/2024.
Ms. Gayatri Singh, Sr. Adv. a/w Ms. Sanjot Shirshath for Slum Dwellers.
Dr. Birendra Saraf, A. G. with Smt. Jyoti Chavan, Addl. G. P., Mr. Vaibhav
Charalwar 'B' Panel Counsel, Mr. Vikrant Parshurami, AGP for State in
SMWP/1/2024.
Smt. Vrushali Kabre, AGP for State in PIL/109/2019, CONPPL/29681/2023,
Page 3 of 264
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CONPPL/5661/2024, PIL/83/2019.
Mr. Prashant Kamble, AGP for State in CONPPL/5058/2024.
Mr. Atul Vanarse, AGP for State in SMP/2/2023, WP/1292/2018 and
WPL/26454/2023.
Smt. Uma Palsuledesai, AGP for State in WP/3571/2023.
Mr. Dipesh Siroya, AGP for State in WP/115/2024 with IAL/7753/2024.
Mr. Joel Carlos a/w Ms. Jyoti Mhatre i/b Komal Punjabi for BMC.
Mr. Jagdish G. Aradwad (Reddy) for R. No. 13 To 16 in PIL/83/2019, for R. No.
2 & 3 in WPL/26454/2023 and WP/115/2024, for R. No. 7 to 10 in
WP/1292/2018.
Mr. P. G. Lad for MHADA in SMWP/1/2024.
Mr. Vijay D. Patil a/w Ms. Ruchi Patil i/b Mr. Abhijit Patil for R. No. 2 SRA in
CONPPL/5058/2024, R. No. 2 To 5 SRA in CONPPL/5661/2024, for R. No. 1
& 2 SRA in CONPPL/3760/2023 and for R. No. 6/SRA in PIL/109/2019 and
for SRA in CONPPL/29681/2023.
Dr. Birendra Saraf, A. G. a/w Mr. Jagdish G. Aradwad ( Reddy), Mr. Vaibhav
Charalwar for R. No. 2 & 3 in WP/3571/2023.
Mr. Y. R. Mishra a/w Mr. D. P. Singh, Mr. Sachidanand T. Singh for R. No. 22 U.
O. I. in PIL/109/2019.
Mr. Vinay Nair i/b Arun Panickar for R. No. 4 in WP/115/2024.
Mr. Haaris Reshamwala i/b Diamond & Co. for R. No. 9 To 16 in PIL/109/2019
Mr. Sandeep Dhangar a/w Ms. Kinjal Kakkad, Ms. Kinjal Upadhyaya i/b Jayesh
R. Vyas for R. No. 17.
Mr. Ative Patel a/w Viraj Raiyani i/b AVP Partners for R. No. 21.
Mr. Viraj Parikh, Mr. Samit Shukla, Mr. Siddharth Shah, Masira Shaikh i/b Tri
Legal for MCHI -CREDAI.
Mr. Kirti Munshi a/w Mayur Thorat and Ankit Tripathi i/b Jariwala Associates
for Skycon Infrasturcture, Landowners.
Mr. Mihir Desai, Sr. Adv. a/w Rishika Agarwal for Slum Dwellers.
Mr. Rajiv Kumar, Sr. Adv. a/w Ms. Sheetal Kumar, Mr. Jimish Shah, Mr. Rahil
Jhaveri, Mr. Kushan Kumar and Ms. Nirvi Shah for N D Bhuta Charities Trust,
Landowner.
__________
CORAM : G. S. KULKARNI &
ADVAIT M. SETHNA, JJ.
DATE : 8 MAY, 2026
__________
JUDGMENT (PER G. S. KULKARNI, J.)
1. The judgment has been divided into the following sections to facilitate analysis:-
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P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:40 ::: SMWP1_2024.DOC SECTIONS HEADING PARA NOS.
A Prologue 2 to 7
B Conspectus of the concerns expressed by the Courts on 8 to 29
the Slum Act
C The Present Proceedings 30
D SUBMISSIONS
Submissions on behalf of Simpreet Singh, Hussain 31 to 34
Indorewala, Ghar Haqq Sangharsh Samiti, Ms. Medha Patkar and Ms. Amita Bhide.
Issue No. I: Identification and Declaration of Land as Slum Land.
Issue No. II : Identification of Slum Dwellers Issue No. V : Transit Accommodation - Project Affected Persons Scheme (PAPs) read with Issue VIII, i.e., Miscellaneous Issues Submissions on behalf of Indira Nagar Slum, Prakash Kumbhar and Ekta CHS Association by Mr. Mihir Desai, 35 to 37 Senior Advocate.
Submissions on behalf of Nivara Hakk Suraksha Samiti - 38 to 50 Intervenor:- (Mr. Navroz Seervai, Senior Advocate Submissions on behalf of NGO Alliance for Governance 51 to 61 and Renewal (NAGAR) in IA(L) 28730/2024 (Ms. Gulnar Mistry, Advocate) Submission on behalf of Mr. Vinay Hule and Mr. 62 to 70 Ramesh Makhija in IA(L) No. 28730 of 2024 (Mr. Akash Rebello, Advocate) Submissions on behalf of Late Mr. Shirish Patel, Urban 71 to 74 Planner: (Mr. Shiraz Rustomjee, Senior Advocate) Submissions on behalf of Nagardas Dharsi Bhuta 75 to 82 Charities (land owner) (Mr. Rajiv Kumar, Senior Advocate) Submissions on behalf of Skycon Infrastructure, Private 83 to 94 Landowner (Mr. Kirti Munshi, Senior Advocate) Submissions on behalf of NAREDCO West Foundation 95 & 96 (Dr. Milind Sathe) Submissions on behalf of CREDAI-MCHI (Mr. Shardul 97 to 106 Singh, Advocate) Submissions on behalf of Lakadawala Developers Pvt. 107 to 111 Ltd. in IA/3024 of 2024 (Mr. Pravin Samdani, Senior Advocate) Submissions on behalf of Shree Azad SRA CHS Ltd. (Mr. 112 to 121 Altaf Khan, Advocate) Page 5 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:40 ::: SMWP1_2024.DOC Submissions of learned amici 122 to 124 Suggestions 125 Submissions on behalf of SRA (Dr. Birendra Saraf, 126 to 208 Advocate General) E Discussion 209 to 233 F Analysis/Suggestions 234 to 236 Journey of the Legislation 237 & 238 Reasons for the Slums remaining as a dream on paper 239 I. Lack of policy to protect lands from encroachments and prevent formation of slums.
II. Vertical Slums III. Identification and demarcation of slum land IV. Role of the Slum Societies and their Controlling Authority V. Slum on Private Lands VI. Constitution of Apex Grievance Redressal Committee (AGRC) and Grievance Redressal Committee (GRC) VII. Disputes on Annexure II VIII. Pool of Houses IX. Pool Public Housing X. Financing arrangement in regard to redevelopment of slum.
XI. The requirement for a maximum density cap for rehabilitation to be fixed XII. Selection of Developers/Appointment of robust developer and quality of construction XIII. Apportionment of Slum Land XIV. Identification of slum dewellers and cut-off date freeze XV. Maintaining of town planning reservations Conclusion 240-245 Epilogue 246-247 Our Gratitude 248-250 Appendix From Page No. 265 to 471 Page 6 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:40 ::: SMWP1_2024.DOC A. Prologue
2. In several decisions of this Court, serious concerns were expressed on there being something drastically amiss in the implementation of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short 'the Slum Act'), and more particularly considering the chaotic situation brought about by an avalanche of disputes reaching the Courts being generated under the Slum Act. The Courts were not mute spectators, as telling observations were made in several decisions of this Court and the Supreme Court. These concerns stand succinctly captured in the recent decision of the Supreme Court in Yash Developers Vs. Harihar Krupa Co-Operative Housing Society Ltd. and Ors.1. Their Lordships eminently felt that it was high time that there is a "performance audit" of the slum legislation expressing serious concerns on the implementation of the Slum Act. The Supreme Court, hence, intended that this Court, after hearing the stakeholders, make recommendations to the State Government on issues as underscored, and in terms of its observations made in paragraphs 59 to 66. Such observations read thus:
"59. The Executive branch has a constitutional duty to ensure that the purpose and object of a statute is accomplished while implementing it. It has the additional duty to closely monitor the working of a statute and must have a continuous and a real time assessment of the impact that the statute is having. As stated above, reviewing and assessing the implementation of a statute is an integral part of Rule of Law. The purpose of such review is to ensure that a law is working out in practice as it was intended. If not, to understand the reason and address it quickly . It is in this perspective that this Court has, in a number of cases, directed the Executive to carry a performance/assessment audit of a statute or has suggested amendments to the provisions of a particular enactment so as to remove perceived infirmities in its working.
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60. Constitutional courts are fully justified in giving such directions as they are in a unique position of perceiving the working of a statute while exercising judicial review, during which they could identify the fault-lines in the implementation of a statute. This extraordinary capacity to assess the working of a statute is available to the judicial institution because of its unique position where : (i) disputes, based on the statutory provisions unfold before it, (ii) claims of rights or allegations of dereliction of duties are raised with varied, and sometimes, contradictory interpretations of the same text of the statute, (iii) submissions of lawyers opens up a debate and as officers of the Court experienced lawyers would lay bare the fault-lines in the statutory scheme, (iv) many a times court silently witnesses the play of statutory power relegating the deserving to the backseat, and the undeserving taking away all the benefits.
61. Laws that are made by Parliament or the Legislative Assemblies create rights, entitlements, duties or liabilities. Application of such empowerments or disabilities gives rise to competing claims or conflicting interests. For resolution of these disputes, constitutional courts provide public law remedies [ Judicial control of administrative action in our country, the effective and the most prolific, has evolved from its classical scrutiny of ultra vires exercise of power, to a whole set of procedural and substantive principles, such as: legality, procedural propriety, reasonableness, legitimate expectation, proportionality, transparency, legal certainty, accountability, level playing field, consultation or participation, etc. These principles are now well entrenched in our judicial review processes and are part of our administrative law. In fact, bulk of judicial review proceedings initiated before the High Courts examine if the power exercised is within its bounds.] where claims and contestations are decided by the High Courts on a case-by-case basis. Judicial review is generally episodic, and is intended to resolve the lis on a case-to-case basis. Though cases are decided on their own merit and the lis disposed of, what is left behind is the institutional memory of the Court about the working of the statute and its interpretation preserved as precedents. Over a period of time, a critical mass of adjudicatory determinations on the working of the statute is built. This critical mass, coupled with the experiences gained by the Judges and the Court on the working of the statute, is of immense value for auditing the working of the legislation. It enables the court to assess whether the purpose and object of the Act is being achieved or not.
62. The traditional perception of the constitutional role of writ courts was confined to judicial review of executive and legislative action. In that role, the courts were to decide the vires of the legislative and executive actions based on constitutional parameters. Not only have the tools of judicial review been reinvented (the rise of the proportionality and arbitrariness doctrines) but also the breadth of the judicial power has substantially expanded to areas that were hitherto forbidden (review of policy decisions, constitutional amendments and continuing mandamus being prime examples). However, even this expansive reading of judicial review does not capture the essence of the judicial branch in its entirety.
63. There is yet another role which the judiciary can and ought to perform--that of facilitator of access to justice and effective functioning of constitutional bodies. In this role, the judiciary does not review executive and legislative actions, but only nudges and provides impetus to systemic reforms. The statute in question is one which was intended to benefit the marginalised and the impoverished. It is not easy for the intended Page 8 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:40 ::: SMWP1_2024.DOC beneficiaries of this legislation to carry their voice to legislative branch for effective reform. The exercise that this Court intends to direct presently is aimed at facilitating their access to legislative and executive reform, which this Court believes is an essential component of constitutional justice. That all justice is to be achieved only through courtroom debates is too myopic an understanding of constitutional justice. The facilitative role is not just inspired from the institutional role that the judiciary perceives for itself, but is also a directive of many of the fundamental rights in Part III and the cherished preambular vision of justice--social, economic and political.
64. A peculiar feature of how our legislative system works is that an overwhelming majority of legislations are introduced and carried through by the Government, with very few private member bills being introduced and debated. In such circumstances, the judicial role does encompass, in this Court's understanding, the power, nay the duty to direct the executive branch to review the working of statutes and audit the statutory impact. It is not possible to exhaustively enlist the circumstances and standards that will trigger such a judicial direction. One can only state that this direction must be predicated on a finding that the statute has through demonstrable judicial data or other cogent material failed to ameliorate the conditions of the beneficiaries. The courts will also do well, to arrive the very least, at a prima facie finding that much statutory schemes and procedures are gridlocked in bureaucratic or judicial quagmires that impede or delay statutory objectives. This facilitative role the judiciary compels audit of the legislation, promote debate and discussion but does not and cannot compel legislative reforms.
65. In light of the foregoing, considering that the Act is a State legislation, implementation of which lies with the State of Maharashtra, and till date no comprehensive statutory audit has been undertaken, we request the learned Chief Justice of the Bombay High Court to constitute a Bench to initiate suo motu proceedings for reviewing the working of the statute to identify the cause of the problems indicated in para 56. The Bench concerned will hear the Government, the statutory authorities, the necessary stakeholders including intended beneficiaries and perhaps take the assistance of some senior members of the Bar specialising in this area as Amici Curiae. We leave it to the High Court to devise such methods as it deems fit and appropriate.
66. Having examined the matter, the Bench may consider directing the Government to constitute a committee for performance audit of the Act. The court's jurisdiction extends only to that extent, and no further. The law- making, including amendments, is the exclusive domain of the legislature."
(emphasis supplied)
3. In pursuance of such orders of the Supreme Court in Yash Developers (supra), Hon'ble the Chief Justice has constituted this Bench to address the issue on the performance audit of the Slum Act, and more particularly in terms of the issues as set out in paragraph 56 of the said decision (supra). Page 9 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:40 ::: SMWP1_2024.DOC
4. The task, thus, assigned to this Bench is to identify the multitude of challenges and the problems in relation to the redevelopment of slums and more particularly the eight issues as flagged by the Supreme Court in paragraph 56 of the said judgment, so as to achieve the object of the legislation, which is to completely eradicate the slums by providing decent living to the slum dwellers and to achieve a vision of slum free cities.
5. It needs to be observed that the decision of the Supreme Court in Yash Developers (supra) was rendered in the proceedings which were carried to the Supreme Court, from the orders passed by this Court in which this Court had made significant observations in regard to the infirmities in the implementation of the Slum Act derailing the object to be achieved by the legislation.
6. After the constitution of this Bench, we had requested Mr. Darius Khambata, Mr. Sharan Jagtiani, learned Senior Counsel and Ms. Naira Jeejeebhoy, learned Counsel, to assist the Court as Amici who have painstakingly assisted the Court on several issues which arise for consideration. We have also heard different stakeholders who are represented by learned Counsel Mr. Sukrit Parashar, Ms. Yashi Bhatt, Ms. Gulnar Mistry, Mr. Akash Rebello, Ms. Janvi Dutt, Mr. Joel Carlos, Mr. Jagdish G. Aradwad (Reddy), Mr. Arun Panickar, Ms. Sayali Apte with Ms. Anjali Maskar, Mr. Arjun Srivastava, Mr. Nitesh Acharya, Mr. Sandeep Dhangar, Mr. Ativ Patel and Mr. Y. R. Mishra.
7. The official respondents were represented with the lead submissions of Dr. Birendra Saraf, learned Advocate General with Smt. Jyoti Chavan, Addl. Page 10 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:40 ::: SMWP1_2024.DOC Government Pleader, Mr. Mohit Jadhav, Addl. GP, Mr. Vaibhav Charalwar, 'B' Panel Counsel, Mr. Vikrant Parshurami, AGP, Ms. Vrushali Kabre, AGP, Mr. Prashant Kamble, AGP, Mr. Atul Vanarse, Mr. Dipesh Siroya, AGP for State. B. Conspectus of the concerns expressed by the Courts on the Slum Act:
8. About four decades and six years back in State of Maharashtra v. Shri Mahadeo Pandharinath Dhole2, the Division Bench of this Court made important observations concerning the purpose and functioning of the Slum Act. It was observed that in the years 1971 and 1973 Slum Acts were enacted as "intermediary remedial measures", to address widespread slum conditions in Maharashtra. The other observations being : The objective of the legislation was to improve, regulate, clear, and redevelop slum areas, not to perpetuate them. Basic civic amenities provided to slum dwellers under the Acts are temporary arrangements and not permanent entitlements; they are meant only until slums are removed, and residents are shifted into proper housing. The Acts provide ad- hoc solutions necessitated by uncontrolled urban growth, making the complete absence of slums unrealistic in the immediate future. Without such legislation, slums could become a danger to public health, safety, and convenience, and a nuisance to surrounding areas. The State, as a welfare State, is obligated to regulate and control slums rather than accept them as permanent fixtures. The 1971 and 1973 Acts are consistent with and advance the objectives of the Town Planning Act, 1966, by facilitating orderly development and redevelopment. Achieving the goals of the Town Planning Act would be extremely difficult 2 AIR 1980 Bom 348 Page 11 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:40 ::: SMWP1_2024.DOC without the Slum Acts. These Acts must be read harmoniously as complementary modern solutions to urban problems. Though one may hope for a future where slum-related laws become unnecessary, that stage has not yet arrived. Authorities are therefore bound to act strictly in accordance with the provisions of these Acts until slums are fully eradicated. While considering the challenge to an order passed by the Tribunal constituted under the Slum Act on the issue of declaration of an area as a slum, the Division Bench made the following observations :-
"22. The two enactments viz., the 1971 and the 1973 Acts, are meant to provide for remedies of a nature basically intermediary in character. Taking cognizance of the large slum areas in certain parts of the State, the State Legislature thought it fit to pass legislation to make better provisions for the improvement and clearance of those areas as also for their re-development. The object of these two enactments is not to perpetuate slums but to regulate the same, clear the same and re-develop the property in question. The object also is to provide to the slum dwellers at large certain basic necessities such as water, sanitary arrangements, light etc. and these basic amenities are to be provided to the slum dwellers not as a matter of any permanent feature but indicated in the preamble to the 1973 Act:
"x x x until such time as these Slums are removed and the persons settled and housed in proper buildings.
23. The 1971 and the 1973 Acts are thus, to our mind, ad-hoc solutions to ad-hoc problems which problems have, to an extent, become inherent in the very growth, development and progress of modern towns and cities in the State. A dream situation would, of course, be total absence of any slums. But there seems to be a long way to go to realize the same. In the meanwhile, slums have arisen and do crop up. Necessity knows no law. But to accept these slums as they are would be the very negation of the duties of a modern welfare State. Since overnight clearance of slums appears to be a problem beyond the immediate reach of the State the State Legislature has rightly chosen the next rest step viz., to regulate and control the slums and to see to it that these do not become a source of danger to the health, safety and convenience not only of the slum dwellers but also the surrounding areas and to also see to it that these do not become a source of nuisance to the public. These are the very specific objects embodied in the preamble to the 1973 Act and for the fulfillment of which the said Act has been enacted.
24. The object of Town Planning Act is to make provision for planning the development and use of land, to make better provision for the preparation of development plan, to provide for the creation of new towns etc. The objects of the 1971 and the 1973 Acts is not, in our view, inconsistent with the object of the Town Planning Act, 1966. Indeed, the objects of the 1971 and the 1973 Acts are objects on steps in aid of the fulfillment of the objects and aims behind the Town Planning Act, 1966.Page 12 of 264
P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:40 ::: SMWP1_2024.DOC The fulfillment of the objects and aims of the Town Planning Act, 1966, would become extremely difficult, if not well highly impossible, if laws such as the 1971 and the 1973 Acts are not passed and implemented. Absence of laws such as the 1971 and the 1973 Acts can itself result in frustrating or defeating at least some of the objects of the Town Planning Act, 1966. These three enactments have, therefore, to be read harmoniously and have to be construed accordingly. They are modern solutions and remedies to the ever-emerging new problems of modern times. Though one may hope for the times when Acts such as the Slum Areas Act, 1971, and the Slum Improvement Board Act, 1973, outlive their existence and are no longer round necessary for the purposes of fulfillment of the modern welfare activities of the State and though one may also hope for the times when slum areas would be a thing of the past, still till at least that stage arrives and is reached the community at large and citizens such as respondent No. 1 herein will have to accept and abide by the provisions of these laws."
("emphasis supplied")
9. A Full Bench of this Court, in Sara Harry D'Mello Vs. State of Maharashtra and Ors3, in the context of acquisition of land under Section 14(1) of the Slum Act, held that the acquisition of slum land under the Slum Act is not merely for the benefit of a larger number of persons residing in sub-human conditions in slums, but also to ensure that the improvement of their living conditions leads to an overall improvement in the urban economy, which is very much dependent on the labour force being supplied by the occupants of the hutments in the slums.
10. In Indian Cork Mills Private Limited Vs. State of Maharashtra 4, the Court analyzed the legislative intent of the Slum Act and the rights of landowners in the context of compulsory acquisition. It was observed that the Court recognizes, the significant challenges, urban areas face in managing slums and balancing the rights of slum dwellers with the rights of private landowners whose lands are encroached. The central issue before the Court was whether private land could 3 (2013) 4 Mah. L.J. 348 4 2018 SCC OnLine Bom 1214 Page 13 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:41 ::: SMWP1_2024.DOC be compulsorily acquired for slum redevelopment, and whether landowners have a preferential right to redevelop their own property. The observations made by the Court are significant : Rapid industrialization led to mass migration to cities, creating overcrowding and large slum clusters on both public and private lands due to inadequate public housing and planning failures. Authorities often neglected to protect open lands from encroachment and also failed to utilize private lands appropriately, contributing to formation of slums and unhealthy living conditions. Slum-related problems were longstanding, with increasing complexity due to competing interests, monetary gains, and delays in slum rehabilitation projects. Article 21's guarantee of the right to livelihood and dignity, along with Directive Principles (Articles 38, 39, 43 and 47), require the State to improve living conditions and public health. Slums posed dangers to health, safety, and morals, and existing municipal laws were insufficient; hence, a special comprehensive law (the Slum Act) was enacted for uniform management, improvement, and clearance of slums.
10.1 The Slum Act imposes onerous duties on authorities to improve slum conditions and facilitate redevelopment in a manner consistent with legislative intent. The Act creates statutory rights in favour of landowners and occupiers to undertake redevelopment, and such rights cannot be ignored merely because acquisition machinery exists. Acquisition must strictly follow Chapter I-A and cannot bypass or negate the statutory rights conferred on owners/occupants to undertake redevelopment themselves. The basic legislative objective includes participation of landowners in redevelopment, reflected in Sections 3B(4)(e) and Page 14 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:41 ::: SMWP1_2024.DOC 13(1) and (2); these rights cannot be overlooked is acquisition of land for redevelopment of the slums and rehabilitation of the slum dwellers on such land, under the Slum Act. Acquisition that ignores or overrides these participatory rights would be contrary to the legislative scheme and is not permissible. A harmonious interpretation is required so that land acquisition is used only when the statutory purpose of redevelopment cannot be achieved by any other method. The Court held that Section 14 acquisition powers must be exercised fairly and only when the owner/occupant fails to submit or execute a redevelopment scheme within a reasonable time after being called upon. There is no fixed statutory time frame for landowners/occupants to submit redevelopment proposals; what is reasonable depends on the facts and circumstances. Before acquisition, authorities must record reasons showing why redevelopment by the owner was not possible and how acquisition became necessary. The owner must always be given a reasonable opportunity to show cause before any order under Section 13(1) or Section 13(2) is passed. Acquisition without such procedural fairness violates Article 300-A (Right to Property) and cannot be sustained. The Court acknowledged that while FSI incentives under the Slum Act help eradicate slums, involving private developers, however this can introduce strong commercial interests which may dominate, making public accountability essential. Authorities need to strike a dual balance between public interest and legitimate private developer interests so that the scheme remains viable and fair. Many slum projects fail or stagnate because developers with insufficient expertise or wherewithal are appointed, Courts often encounter such cases. Where the Page 15 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:41 ::: SMWP1_2024.DOC landowner himself is willing and capable of redeveloping the slum on his land, the law recognizes his right to do so, and such right must be honoured before resorting to acquisition. There is nothing illegitimate in permitting the landowner to redevelop his own slum-affected land; only upon his persistent failure can compulsory acquisition be justified. In the context of the rights of owners of private land being peremptory which would override the interest of slum dwellers in relation to the acquisition of private land by the slum authority for redevelopment of slums, the Court made the following pertinent observations:
"3. In recent times in all urban areas we see large scale building activities, city of Mumbai is not an exception and in fact would be the epicenter of such activity, with skyscrapers being built wherever land is available and the city has to grow only vertically. Apart from slums on public lands there are as well slums on large private lands. Thus large part of the development activity is also the development of slums and slum rehabilitation areas. What would be the nature of the statutory rights of private owners of land, in re-development of such slum areas under the Slum Act? Whether the owner of the land would have a preferential right to undertake re-development or the only method to redevelop such areas would be to resort to compulsory acquisition of such private land are the question as posed in this petition.
.......
44. It would be apposite to consider the statutory background in which the controversy in the petition would fall. There are too many causes which are attributable for creation of slums in urban areas. Rapid growth of industries resulted in mass migration of population from rural areas to the urban centres. This for the reason that places outside the urban areas were not proving sufficient and fulfilling the requirements of the means of livelihood, which were primarily depending on agriculture and other allied activities. This resulted into overcrowding of the urban areas coupled with lack of housing facilities, which created development of large slums in the urban centers and heavily so in and around Greater Mumbai as also other urban areas in, Maharashtra. The development in urban activities and business did not find a corresponding development in the housing sector, much less a provision for a decent housing for such large migrant population. Also lack of planning by the concerned authorities to cater to the housing requirements, the neglect of the authorities to safeguard open public lands from encroachment as also the apathy of the private landlords to prevent encroachment and/or to neglect the appropriate use of land so as to prevent them being converted as slums by the occupants, added to the urban problems. Consequently in the absence of affordable public and Page 16 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:41 ::: SMWP1_2024.DOC private housing, large population was compelled to reside in slums in unhealthy and unhygienic conditions. It is difficult to visualize the number of slums which are created on public and private lands in the city of Mumbai, where land is limited. As the history unfolds the problems are not recent. They are further aggravated and have become complex and more particularly due to variety of interests playing active roles in slum projects, rehabilitation projects in anticipation of monetary gains. This has been the general scenario in such litigation, with which the Court is frequently confronted.
45. We have one of the most ideal Constitution providing for a variety of fundamental and other legal rights guaranteed to our citizens. Part III, of the Constitution guarantees fundamental rights, under which Article 21 confers right to livelihood, which has been interpreted to mean, that a person is entitled to live a life of dignity and not just an animal life. Further the Directive Principles of State Policy as contained in Part IV of the Constitution, under Article 38 and 39 provide for the welfare of the people and the policy to be followed by the State. Article 43 and 47 are also relevant when it comes to the obligations of the State to secure adequate standard of living and improvement of public health.
46. Undoubtedly, slums had created menace to the safety, health and morals of the inhabitants. There were multiple municipal laws in operation, there was no uniformity in the provisions of these enactments as also the provisions were not sufficient to improve the situation. It is for this reason the legislature thought it appropriate to enact a special law to deal with the improvement clearance and development of slum areas. The Slum Act was accordingly enacted inter alia to make better provision for the improvement and clearance of slum areas in the State, for redevelopment as also for the protection of occupiers from eviction and distress warrants. The Slum Act, was brought into force with effect from 11 August 1971. This legislation casts onerous duties on the authorities. How far the same are discharged and whether at all effectively to achieve the object of the legislation, are larger issues which all the concerned need to ponder.
67. In our opinion considering the in-built mechanism which is available under the clear provisions of section 3B(4)(c) and (e), Section 13(1) and (2) of the Slum Act, which empower the SRA to develop the land by entrusting it to any agency recognized by it, any interpretation of the compulsory acquisition provision (Section 14), oblivious to the due consideration of these specific provisions of the Act, which enable the SRA to bring about a re-development of the slum rehabilitation areas without acquisition of the land, would amount to defeating such specific provisions and creating unwarranted concentration of coercive and arbitrary power of acquisition with the SRA.
74. ..........The law nowhere provides an automatic mandatory obligation on any person to undertake a redevelopment scheme on the declaration of such area as a slum or a slum rehabilitation area and in our opinion rightly so. In the present case this issue would also go to the root of the matter as the decision to acquire has been taken by the State Government for the sole and the only reason that the petitioner had not submitted a scheme for the redevelopment of the land, which in fact is a reason available for the SRA to pass an order under section 13(1) of the Act (as falling under Chapter IA) to appoint an agency and entrust the re- development to such agency.Page 17 of 264
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75. ..........Thus unless it is determined for reasons to be recorded in writing, as to how it is an unreasonable delay in submitting a scheme, this conclusion to be the basis of acquisition, cannot satisfy the test of fairness and reasonableness, and more particularly when the SRA/State Government is depriving the person of the valuable constitutional right to property guaranteed under Article 300-A of the Constitution.
79. No doubt the above rules conferring FSI benefits are a laudable piece of legislation which enables the authorities to eradicate the slums in urban areas, however when such redevelopment involves third parties to be appointed and approved by the authorities to undertake the redevelopment, commercial interest become dominant. Such interest are bound be varied depending on the quantum of the area and the location of the slums. Thus the authorities in discharging their public duties under the Slum Act are required to satisfy a dual test namely of balancing the public interest and at the same time taking care of the legitimate private interest so that the scheme becomes viable. This includes appointment of such private parties to undertake development who possess technical ability coupled with substantial ability to undertake such schemes. We can surely take judicial notice of the litigation which has reached this court where, slum projects are languishing for want of such parties not completing the projects or abandoning the projects and variety of complications arising from such half executed projects. We have felt the need to record this for the reason that, many of such projects may pertain to lands which are acquired under the Slum Act. Thus if the land owner is himself interested to develop the land and that law confers such rights on the landowner/landholder or the occupant then it would surely be in the fitness of things that such legal rights are first recognized before the other powers are invoked. There can be nothing illegitimate in the landowner himself being granted an opportunity of redeveloping his land under slums, instead of another developer doing it and only on his persistent failure the authority can certainly resort to acquire the land."
("emphasis supplied")
11. In Susme Builders Private Limited Vs. Chief Executive Officer, Slum Rehabilitation Authority and Ors.5, the Court interpreted the scope of SRA's powers under Section 13(2) and related provisions. The Supreme Court rejected the submission that SRA has unlimited powers under Section 13(2); instead, it held that SRA may take over the project only in specific situations, namely: (i) Contravention of plans approved; (ii) Breach of restrictions/conditions imposed under Section 12(10); (iii) Failure to complete development within time. The requirement of timely completion flows from the Letter of Intent (LOI) issued by 5 (2018) 2 SCC 230 Page 18 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:41 ::: SMWP1_2024.DOC SRA and from agreements between slum-dwellers and the developer; violation triggers Section 13(2). When there is a clearance order under Section 12(10), SRA's power to act arises only if conditions in the clearance order are violated; otherwise, SRA cannot automatically invoke Section 13(2). Even assuming SRA had no express power under Section 13(2), it still possesses the authority to cancel the LOI because the LOI is issued by SRA itself; hence, SRA cannot be powerless to revoke it. SRA's powers are also derived from Section 3-A(3)(c) &
(d), which require SRA to ensure implementation of the Slum Rehabilitation Scheme and take all necessary steps for achieving the objective of slum rehabilitation. These provisions show that SRA is not merely empowered but is duty-bound to intervene where needed, especially when slum-dwellers have suffered for decades because of delays by developers. In this case, Susme Builders had a dual role, first as the power-of-attorney holder of the owner and as a developer appointed by the society, which heightened the conflict. Since the redevelopment work could not proceed without SRA's permission, SRA retained the power to revoke such permission due to the developer's unjustified delay. The Court held that SRA's action in removing Susme from the project after a 25-year delay was justified, as slum-dwellers had suffered enough and the statutory objective of rehabilitation demanded intervention. The observations made by the Supreme Court are as follows :-
45. We cannot accept such a wide submission. According to us, under Section 13(2) of the Slum Act, the SRA has the authority to take action and hand over the development of land to some other recognised agency under three circumstances:
(i) When there is contravention of the plans duly approved;
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(iii) When the development has not taken place within time, if any, specified.
46. The requirement to complete the development within time may be there in the letter of intent issued by the SRA or may be in the agreement entered into between the owner/developer with the slum-dwellers. Such condition, if violated, would attract the provisions of Section 13(2) of the Slum Act. Over and above that, when a clearance order is passed, then in terms of sub-section (10) of Section 12, the competent authority can include a condition with regard to the time within which the development should be completed and, in that case, also Section 13(2) would be attracted. We are not, however, able to accept the very wide argument that in case of delay, the condition that is violated must be laid down under Section 12(10) of the Slum Act.
47. There may be cases where the slum-dwellers do not offer any resistance and willingly consent to move into transit accommodation provided by the owner/developer. Therefore, the conditions laid down under Section 12(10) will come into play only when there is a clearance order, but in case there is no clearance order, then under Section 13(2), the SRA would be empowered to take action when there is violation of any plan or when there is violation of any condition relating to developing the project within time. The time-limit can, some time, be provided in the letter of intent, in the agreement or even in the regulations.
48. Having held so, we are of the view that Shri Darius Khambata, learned Senior Counsel, is right in his submission that normally under Section 13(2) of the Slum Act, action by the SRA has to be taken against the owner. Here, we may repeat that this is a unique case where the slum- dwellers are the members of the owner Society. The Society, in turn, has given power of attorney to the builder. The builder virtually has two roles-- one as developer and the other as power-of-attorney holder of the owner. Both are closely interlinked and inextricably mixed with each other. Therefore, though normally we would have accepted the contention that under Section 13(2) action can only be taken against the owner, in the present case, we are unable to accept this contention in its totality. We may point out that even the SRA, in its order, has itself noted that since the Society is the owner of the plot of land, it is empowered and within its right to terminate the agreement executed with the said developer for breaches committed by the developer. It has, however, held that a private dispute between the Society and the developer cannot prevent the SRA from discharging its obligations. The SRA agreed with the submission made by the Society that Susme had not completed the project within time. It has taken action under Section 13(2) of the Slum Act. The action taken by the SRA is to remove Susme as developer which amounts to cancelling the letter of intent issued in favour of Susme.
49. Otherwise, there would be an anomalous situation where the Society would have terminated its contract with Susme but the letter of intent issued by the SRA would continue to hold the field and it would be entitled to develop the land. The Society approached the SRA, in fact, asking it to take action against Susme. Since the SRA is the authority which issued the letter of intent, it will definitely have the power to cancel the letter of intent.
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50. We are of the considered view that in the peculiar facts and circumstances of the case where the slum-dwellers are virtually the owners of the land as members of the owner Society, the SRA had the power under Section 13(2) of the Slum Act to issue the order dated 24-2-2012. Whether the SRA has any other power to remove the developer
51. Even if we were to assume that the SRA did not enjoy this power under Section 13(2) of the Slum Act, we are of the considered view that since it was the SRA which issued this letter of intent, it necessarily must have the power to cancel the same. The SRA can also derive this power under clauses (c) and (d) of sub-section (3) of Section 3-A of the Slum Act, which read as under:
"3-A. Slum Rehabilitation Authority for implementing Slum Rehabilitation Scheme.--(1) Notwithstanding anything contained in the foregoing provisions, the State Government may, by notification in the Official Gazette, appoint an authority to be called the Slum Rehabilitation Authority for such area or areas as may be specified in the notification; and different authorities may be appointed for different areas.
*** (3) The powers, duties and functions of the Slum Rehabilitation Authority shall be--
***
(c) to get the Slum Rehabilitation Scheme implemented;
(d) to do all such other acts and things as may be necessary for achieving the objects of rehabilitation of slums."
52. A bare reading of these provisions shows that in terms of clauses ( c) and (d) of sub-section (3) of Section 3-A of the Slum Act, the SRA not only has the power, but it is duty-bound to get the slum rehabilitation scheme implemented and to do all such other acts and things as will be necessary for achieving the object of rehabilitation of slums. In this case, the SRA was faced with a situation where the slum-dwellers were suffering for more than 25 years and, therefore the action taken by SRA to remove Susme for the unjustified delay was totally justified.
53. A perusal of the various provisions of the Slum Act would show that normally in a case falling under the Slum Act, it is the owner of the land, whether it be the Government, a statutory authority or a private person, who will be interested in the development work. Normally, the occupiers will be encroachers of slum land. Therefore, there will be a conflict of interest between the occupiers and the owner. The owner, in turn, will always engage a developer/builder to carry out the development work. In case the owner gives a power of attorney to the developer, as in the present case, the developer now has two identities -- ( i) the power-of- attorney holder of the owner, and (ii) the developer. As far as the present case is concerned, the Society is made up of the members who are occupiers and this Society has given power of attorney to the developer Susme. Therefore, the developer Susme is actually having a dual role of owner and developer. Both the letters of intent have been issued in favour of the Society, Susme and the architects of Susme. Susme could not have carried Page 21 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:41 ::: SMWP1_2024.DOC out the development work on the basis of its agreement with the Society. It needed the permission of the SRA. Therefore, SRA can obviously revoke such permission."
("emphasis supplied")
12. In Galaxy Enterprises Vs. State of Maharashtra6, this Court expressed serious systemic concerns about the functioning of slum rehabilitation in Mumbai. The Court noted that the Supreme Court and High Court decisions emphasized the need for expeditious and effective rehabilitation of slum dwellers living in inhuman conditions, to fulfill the object of the Slum Act. Despite the long existence of the Slum Act (1971). It was observed that large number of disputes on such front still reaching was indication of the fact that slum eradication and rehabilitation efforts are not functioning with the required efficiency and direction. The observations of the Division Bench inter alia touched the following :
"12.1 Slum dwellers often lack knowledge of slum redevelopment schemes and are vulnerable to manipulation by so-called leaders and developers, leading to mistrust, disputes, and derailment of rehabilitation projects. Many slum schemes remain incomplete for years and are stuck in litigation or administrative delays, defeating the very purpose of speedy slum redevelopment. The Court questioned whether the SRA has a robust panel of genuine developers with the technical and financial capacity to undertake redevelopment, noting that the selection process must be open, fair, and transparent. The burden on slum dwellers to appoint developers and pursue redevelopment was unreasonable; the State and SRA must take a more proactive role to ensure professional, time-bound redevelopment. Redevelopment must be undertaken by honest, credible, and trustworthy developers appointed through the SRA or other statutory bodies and not left solely to the slum dwellers who lack capacity and resources. The Government and SRA must urgently examine systemic failures and devise a foolproof mechanism to resolve recurring issues and implement the beneficial objectives of the Slum Act.
12.2 The Court criticized the authorities for adopting a myopic approach, failing to enforce statutory obligations, and allowing slum schemes to remain stagnant for years without satisfactory explanation. The authorities must monitor schemes closely, ensure commencement and timely completion, and prevent delays that defeat the Slum Act's objectives.
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12.3 In cases where land belongs to MHADA or the State, it is the responsibility of these authorities to ensure prompt rehabilitation of slum dwellers, and their inaction or neglect cannot be justified. The record of the court proceedings showed that MHADA and State authorities failed to utilize the law effectively and allowed private developers to take over, leaving slum dwellers helpless. The Court stressed the need for a concrete government policy and a panel of reputed developers who can genuinely implement rehabilitation schemes efficiently. Dealing with government land requires responsible exercise of public power, and the State cannot abdicate its responsibility by leaving matters entirely to private developers. Effective guidance, strong policy direction, and timely action from the State are essential, especially in cities like Mumbai, where land scarcity makes slum redevelopment critically important. The State must urgently adopt such measures in Mumbai and other fast-developing cities before the situation becomes irreversible. Considering the volume of disputes reaching the Court under the Slum Acts, the Court made the following observations :-
"3. There is a wealth of decisions of the Supreme Court and this Court emphasizing on the expeditious and effective rehabilitation of slum dwellers, who live in inhuman conditions, so as to achieve in letter and spirit, the object and intention of a fairly old State legislation namely the "Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act 1971". Nonetheless, considering the volumes of disputes still reaching the Courts, it can certainly be said that time is ripe, if not too late, to ponder, whether things are realistically working in the right direction, to eradicate slums and rehabilitate the slum dwellers, with the desired efficacy and expedition. This not only at the hands of the authorities but also at the hands of the other stake is on the rules permitting, the selection and appointment of developers to undertake a Slum Rehabilitation Scheme, being conferred on the holders. The vital issue which has often led to controversy and disputes, slum dwellers, who are hardly expected to know the nitty-gritty of the slum redevelopment schemes. It is seen that the so called leaders of the slum dwellers who are themselves in need to be rehabilitated, are often lured by developers and their agents, and once a developer is appointed, what normally prevails is a constant fear of incertitude and skepticism amongst the slum dwellers, leading to disputes on variety of issues affecting their final rehabilitation. Such issues not only frustrate the very object of a speedy slum redevelopment but completely derail the slum schemes. It can be seen that scores of slum schemes have remained incomplete for years together and are languishing on such issues, either in litigation before Courts and/or before the authorities. These schemes need not face such ordeal, including of an unending litigation. To change the developer is no answer as even this process involves dispute resolution and ultimately lengthy litigation from one form to another.
4. Can the Slum Rehabilitation Authority not have a robust panel of bonafide developers who have genuine business interest to redevelop slums, of course with commercial benefits as conferred under the rules, and who can be appointed by an open and fair scheme of selection and allotment of slum projects and who would be accountable to the Authority.Page 23 of 264
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5. It is high time that, learning from the past experiences, the burden on the ill equipped slum dwellers to be responsible to appoint developers and pursue the redevelopment scheme is removed and to do away the ordeal of the slum dwellers to go on knocking the doors of different authorities for years together when the developers fail to perform. Redevelopment to be undertaken professionally and in a time bound manner is the need of the day, even to fulfill the ideals, which the Government intends to achieve. What is necessary is the initiative of a redevelopment, by genuine, honest and trustworthy developers appointed through the Slum Authority or any other Special Body created for the said purpose and not to leave it to the slum dwellers to re-develop the slums. This for the reason that the slum dwellers are supposed to be merely interested in their rehabilitation and can have no other interest. All these efforts are necessary, as a step forward to achieve an object of having an ideal city free of slums. It cannot be countenanced that the slums be redeveloped only when the slum dwellers feel the need of a redevelopment and the Government Authorities cannot initiate redevelopment and cannot initiate a suo motu action in that behalf. It is hence, for the Government and the Slum Authority to give its anxious consideration to these issues and in its wisdom to device a substantial, nay a foolproof mechanism, by undertaking a study and identify these grey areas, so that the helping hand as extended by the legislature in providing this beneficial law as far back in 1971 that is almost 50 years back is held strongly and firmly by all concerned. It is never too late.
57. There cannot be a myopic approach to these issues of a delay in implementation of a slum rehabilitation scheme. Things as they stand are required to be seen in their entirety. The only mantra for the slum schemes to be implemented is it's time bound completion and a machinery to be evolved by the authorities, to have effective measures in that direction to monitor the schemes as a part of their statutory obligation to avoid delays. Non-commencement of the slum scheme for long years and substantial delay in completion of the slum schemes should be a thing of the past. In the present case, looked from any apple there is no plausible explanation forthcoming for the delay of so many years at the hands of the petitioner to take bare minimum, steps to commence construction.
58. The authorities should weed away and reprimand persons who ate hot genuine developers and who are merely agents and dealers in slum schemes. These persons after get themselves appointed as I developers, yo ultimately deal/sell the slum schemes, as if it is a commodity. Any loopholes in the rules to this effect, therefore, are required to be sealed.
60. In any case, the developer cannot be said to possess a vested right which would mandate the SRA to continue it's appointment, for such delay and when the body appointing the said developer namely the society itself, in the given set of facts, bonafide and for an acceptable reasons, lacks confidence in the petitioner as appointed by Between the slum society and the developer, it is merely a contractual dispute, It cannot be said that the society in adverse circumstances would have no authority in a resolution so passed by the majority to remove a developer. The role of the S.R.A. under law is to further the interest of the slum scheme by exercise of it's powers in the best interest of the slum redevelopment and pass such appropriate orders to achieve the said object, in exercising its power inter alia under Section 13(2) of the Slums Act.Page 24 of 264
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65. Before parting, it needs to be noted that the land in question is a land belonging to the State Government/MHADA and if the land is under slums and the occupants are suffering, whether it would also not be the responsibility of the MHADA considering the provisions of Chapter IX of the Maharashtra Housing and Area Development Act 1976, being a chapter on "Environmental Improvement of Slums", providing for Section 104 to Section 113 of the said Act, to take time to time actions and consider with utmost priority the rehabilitation of the slum dwellers?. It clearly appears that in the present case, the entire re-development of the slums is left in the hands of the developer by the slum dwellers, who are struggling to appoint one developer after another. The MHADA appears to be an absolute alien when all these actions are being taken by the society. Already, about three developers are appointed by the Society including the present developer M/s. Bindra, as noted above, despite this whether the slum dwellers will at all see the light of the day, is a factor which is required to be seriously considered by the slum rehabilitation authority and the MHADA by having a compliance and a follow up mechanism. It is high time that at least in regard to the slums on government lands or land belonging to a public bodies, the government needs to have a concrete and effective policy and which include a panel of reputed contractors/developers which would genuinely undertake and implement the slum rehabilitation scheme and bring a speedy and effective rehabilitation of slum dwellers. This is required to be observed for the simple reason that the record in the present petition would clearly show that the MHADA or the State authorities have not utilised and/or have turned a blind eye to the provisions of the law to take effective steps in the larger interest of the society, instead things were completely left at the hands of a private developer and the helpless sum dwellers. Dealing with the Government land certainly involves dealing with the public largess. Surely the hands of the State and its authorities are not so weak. What is required is a willingness and an able and authoritative guidance from those who wield these powers for public good. As noted, it would be for the good wisdom of the State and its policy makers to deliberate on these issues which are "also" of immense importance to a city like Mumbai where large parts of the limited lands are under slums. Such approach also needs to be timely adopted for the other fast developing cities in Maharashtra, where the government land is scarce, before it is too late."
("emphasis supplied")
13. In Abdul Majid Vakil Ahmad Patvekari Vs. Slum Rehabilitation Authority & Ors.7, the Division Bench of this Court addressed issues of encroachment on government land and the limits of rehabilitation rights. The Court held that encroachers on Government land do not acquire any right under the Slum Rehabilitation Scheme merely because they have remained on such land for some time. The State's policy to protect slum dwellers cannot be stretched to elevate 7 (2022) 2 Mh. L.J. 382 Page 25 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:42 ::: SMWP1_2024.DOC their occupation of Government land into a protected or permanent right. Slum dwellers can only be rehabilitated on the same land if feasible, or else in nearby alternate accommodation; they cannot insist on retaining possession of Government land. Encroachment on public land cannot be tolerated, and prompt action is required to remove encroachments, especially where authorities knowingly allow such occupation for long periods. Long-standing encroachments create a false expectation in encroachers that they are entitled to rehabilitation at public cost, which is contrary to Government policies. Negligence of officers in failing to protect public lands forces the State to later acquire private lands for public projects, causing unnecessary financial burden and wastage of taxpayer money. The Court criticized Government policies that effectively reward encroachers by granting free rehabilitation benefits, describing such policies as contrary to public trust principles. The Court questioned whether any audit had been undertaken to assess the extent of Government land lost to encroachments and steps taken to prevent further loss. Loss of public land due to encroachments affects the availability of land for essential public institutions and utilities, undermining the functioning of the democratic system. The State must restore encroached Government lands and ensure they are used strictly for public purposes; genuine political will is required to protect public property. Encroachers on Government land cannot demand rehabilitation as a matter of right, nor can such a right be equated with ownership or compensation. The intention of the Slum Act and State policies is not to compensate encroachers for occupation of Government land but to rehabilitate slum dwellers in accordance Page 26 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:42 ::: SMWP1_2024.DOC with lawful policy. If the petitioners' stand were accepted, it would become impossible for the State to undertake public projects on Government land for the larger public good. The Court in the said decision observed that encroachers on Government land have no right under the Slum Rehabilitation Scheme and made the following observations :-
"9. Having heard the learned counsel for the parties and having perused the record, at the outset, we may observe that the petitioners, who initially encroached on the Government land and who had remained on the same for sometime so as to fall within the beneficial policy of the State Government of being protected slum dwellers, cannot elevate their protection to such an extent that such slum dwellers have to be rehabilitated either on the same land, if any remaining after the project work is completed or they be provided a permanent alternate accommodation within the vicinity. In our clear opinion, any encroachment on public land at the threshold ought not to be tolerated and prompt action is required to be taken to remove such encroachment, more particularly when those who are custodians of the public land are well aware that encroachments for long periods will clothe the encroachers with rights to seek rehabilitation at public costs under the prevalent Government policies. It is not new that valuable Government land on account of the negligent approach of the officers in charge by not protecting such lands from encroachment have stood extinguished from the Government's holding, causing a serious cascading effect, namely, that whenever land is required for any public purpose, the Government is required to acquire the same from private holdings, causing an unwarranted burden on the public exchequer and a sheer waste of the tax payers money. This for the reason that the Government despite its mighty machinery did not protect its valuable land and permitted to be encroached to be developed by the slum dwellers and their developer, with the Government nowhere in the picture. Such inaction, in our opinion, amounts to grossest violation of the public trust doctrine as a result of the patent abuse of the powers vested in such Government machinery in not protecting public property. We also have a grave doubt about the policy of the State Government which rewards the encroachers of the public land by a free of cost accommodation. In our opinion, such policies qua the Government land nor only violate the principles of equality but certainly fall foul of the doctrine of public trust. We wonder as to whether at any point of time an audit in regard to the encroached Government land or lands belonging to public authorities in the State of Maharashtra was undertaken. As to how many such lands have vanished due to encroachment and as to what steps have been taken to preserve such lands are questions which need to be answered to "we the people", and accountability fixed for negligence in this regard. We say so, as there can be no two opinions that even land for important public institutions and other government utilities is not available, which certainly has adversely affected the very functioning of such institutions in a democratic set up. We hope that the Government awakens on such issues before it is too late and restores all the encroached Government lands for Page 27 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:42 ::: SMWP1_2024.DOC the benefit of public and strictly to be used for public purposes. This would certainly require a genuine political will and consciousness towards larger public benefit.
10. The petitioners occupying Government land cannot take such an adamant stand as canvassed by them, when they are occupying Government land. Mere rights of rehabilitation cannot be recognized to be equivalent to a right of ownership or as if it is some compensation being offered to the slum dwellers for their encroachment and occupation of Government land. This is neither the intention nor the object even of the slum legislation and slum policies of the State Government. The insistence of the petitioners if accepted and that too in the context of the 'State' undertaking such public projects, it would be impossible to plan any such project using the Government land for the benefit of the public at large."
("emphasis supplied")
14. In High Court on its own motion (In the matter of Jilani Building at Bhiwandi) vs. Bhiwandi Nizampur Municipal Corporation and Ors. 8, the Division Bench of this Court, while exercising PIL jurisdiction, made extensive observations on illegal constructions, slum proliferation, and administrative failure. The Court reiterate that the main object of the Slum Act is the expeditious and effective rehabilitation of slum dwellers living in inhuman conditions, but the rising volume of disputes shows that this objective is not being achieved in practice. Persistent disputes arise because slum dwellers are unaware of redevelopment processes and are often misled by so-called "leaders" influenced by developers, resulting in loss of trust and prolonged litigation. Many slum redevelopment schemes remain incomplete for years, and the existing system fosters delays, lack of transparency, and exploitation of slum dwellers, defeating the very purpose of the Slum Act.
15. Appointment of developers must be based on fairness, transparency, and credibility, as unfit or dishonest developers derail schemes and cause immense hardship to slum dwellers. The burden cannot be placed entirely on slum 8 2022 SCC OnLine Bom 386 Page 28 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:42 ::: SMWP1_2024.DOC dwellers to monitor developers; the State must adopt foolproof mechanisms, maintain strict oversight, and ensure timely completion. There must be no myopic approach; authorities are required to actively monitor progress, enforce statutory obligations, and prevent delays in commencement and completion of schemes. Authorities must reprimand and restrain non-genuine developers and middlemen who treat slum redevelopment as a commodity, thereby defeating public purpose. The Court emphasizes that the SRA must act in the larger interest of slum dwellers, including removing developers who fail to perform, even if societies initially appointed them.
16. Encroachers on government land cannot claim an equivalent right to rehabilitation; mere rehabilitation benefits cannot be elevated to ownership rights or be treated as compensation for encroachment. Government cannot be compelled to spare public land for encroachers in a manner that obstructs public projects; policies must not reward illegal occupation of valuable government land. Sustained encroachment on government land is often encouraged by authorities' inaction, creating massive losses to the exchequer and incentivizing further encroachment. Such policies violate the public trust doctrine, as public land is diverted to private hands under the guise of slum rehabilitation, contrary to constitutional obligations. Long-standing failure to audit encroached public lands and fix accountability of negligent officers has allowed encroachments to proliferate and public land to vanish without trace. Illegal construction, unauthorized encroachments, and the collapse of structures reflect systemic lawlessness and administrative apathy, severely threatening public safety. Political Page 29 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:42 ::: SMWP1_2024.DOC influence, vested interests, and slumlords create an environment where enforcement is weak, illegal structures remain, and public land is continuously grabbed.
17. Numerous circulars issued by the State to remove encroachments and unauthorized constructions were never effectively implemented, turning official directives into "dead letters." The municipal corporation and planning authorities have statutory duties to verify and remove unauthorized structures, including those in slum areas, but have consistently failed to act.
18. Section 47 of the Slum Act does not restrict the planning authority's power to act against illegal structures in slum areas; authorities cannot use the Slum Act as an excuse for inaction. Dereliction of duty by municipal and government officers has aided the proliferation of slums, the grabbing of government land, and structural dangers, forcing citizens to seek refuge in slums. The MCGM, as planning authority, retains jurisdiction to take action against unauthorized and illegal structures across the entire Mumbai region, even in slum areas. Authorities must not succumb to external pressures or vested interests; they must enforce construction, planning, and slum laws rigorously to prevent future calamities.
19. Illegal encroachments and unauthorized constructions divide society into two classes, firstly of law-abiding citizens who suffer, and secondly, those who profit by violating the law with impunity, often with official support. Rewarding encroachers with free tenements encourages illegality and siphons public land for private gain, directly breaching constitutional governance norms. Page 30 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:42 ::: SMWP1_2024.DOC
20. Public officials who fail to discharge their duties or evade accountability undermine the rule of law and derail constitutional machinery; courts are compelled to intervene to restore public confidence. Anti-corruption mechanisms must be strengthened due to rampant corruption in municipal governance, where officers deliberately avoid action against illegalities. Exponential growth of slums and illegal constructions stems from the absence of long-term planning and failure to create adequate mass housing for the working population.
21. Migrant workforce needs legitimate housing, and unplanned slum growth cannot substitute for state's failure; the right to housing is part of Article 21 and international human rights law. Mumbai's severe housing burden and massive inequalities between luxury developments and surrounding slums reflect systemic planning failures and disregard for public needs. Despite large municipal budgets, the State and corporations fail to allocate adequate financial resources for affordable housing and proper urban planning. A dangerous nexus exists among politicians, developers, bureaucrats, and slumlords, enabling encroachment, regularization, and later redevelopment for private profit under the guise of helping slum dwellers. Laws designed to protect weaker sections are misused to facilitate commercial exploitation, betraying public trust and constitutional values. Governance has become driven by political motives rather than constitutional obligations, with the ultimate casualty being the compassionate Constitution and public welfare. The following are some of the significant observations made by the Court :-
"3. We are informed by the Corporation that a vast portion of the scarce land in the city is under slums, which includes all kinds of lands, namely, Page 31 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:42 ::: SMWP1_2024.DOC the State Government lands, land belonging to public bodies as also to a small extent, private lands. The percentage of population in Mumbai and outskirts is also too large. We wonder, that when slums are openly allowed to proliferate on scarce and valuable public land, whether the well established principles under the "rule of law" at all prevails in relation to the rules, to transfer ownership of such lands from the "State" to the private parties. Something which possibly does not happen elsewhere in the country, is what has pained us, namely, that sustained encroachment on valuable government land in this city is encouraged to the benefit of encroachers and developers and becomes available for commercial exploitation. It cannot be expected, that on executive instructions and subordinate legislation, the State's ownership of land stands divested. The severity is such that when this land is being taken away by these forces, the owner of the land, namely, the Government or a public body and sometimes the private owner (if fails to assert his rights), has no say whatsoever. It becomes a situation of fait accompli. Is this the manner in which the law would require scarce public largesse or private land to be siphoned off, merely because it has the garb of a slum? Whether or not the doctrine of public trust applies when the government land is taken away in a manner not known to the Constitution? Whether the might of the unscrupulous forces is so strong that even the law makers would turn a blind eye to such Constitutional requirements ? These are some of the issues raising a deeper concern when we think about collapse of structures in the slum areas.
45. There can be no two opinions that the issues of encroachment on public land, mushrooming of slums on such lands and illegal constructions on such land, as also, on any open land in the city, and the total collapse of the machinery available in law to control these issues, adversely affecting the urban agglomeration, is a sad story of an invited misery and a massive failure on the part of the State Government and the municipal bodies. An overview of these adversities, depicts a sorry and painful state of affairs, having a harmful and an overbearing effect not only on those who are residing in the slums and unauthorized constructions, but also, the hard impact it creates on the infrastructure in cities and the continuous and successive damage to the limited resources. The consequence of all this, is ghastly and harmful. As to what is in store for the future generations cannot be imagined. Admittedly, these are larger issues to be effectively looked into by the policy makers before things further worsen, albeit there appears to be a stage of no return, unless aggressive planning and commitment to the constitutional principles is kept at the forefront by the policy makers. Happening of encroachments, unauthorized and illegal structures being put up and deliberate neglect to these issues, when all this is unpleasantly happening before the open eyes and to the knowledge of the authorities, is not without purpose. From the report of the learned Commissioner, it appears to be a deep rooted menace, perpetrated for years together, which has ruined the cities and its scare resources. There are vested interests as pointed out by the learned Commissioner, namely political interest, slumlords and ultimately the cancer of corruption, which is the primary cause, for the authorities not taking action to remove illegal structures which continue to exist for years together.
46. However, it clearly appears that the State Government being aware of the grabbing of Government lands at the hands of these unscrupulous elements, from time to time, issued directives to the Additional Collector Page 32 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:42 ::: SMWP1_2024.DOC (Encroachment), Chief Executive Officer of the Slum Authority and other Chief Officers of the local authorities. Such directives made it incumbent to take all steps to protect the Government lands, by preventing grabbing of lands by encroachment and to register criminal complaints of such encroachment and taking stern action of demolition of the unauthorized constructions and unauthorized hutments. However, it appears that the said directives at all material times have remained to be dead letters. Learned Commissioner has referred to some of the Circulars, which, if were to be implemented in its letter and spirit, the scenario would have been completely different, from what it prevails today. The city would have been a better place to live. Hundreds of Government lands could have been saved, to be utilized for public purposes. The circulars are certainly binding on the Government and its officers, provided the officers had an intention to look at them. The directives as contained in some of the Circulars are required to be noted with particular emphasis of their relevant contents. They read thus: (I) By Government Circular dated September 19, 2003 issued to the CEO, SRA, Additional Collector (Encroachment & Removal), Mumbai City, Eastern Suburb, Western Suburb and the Director, Mumbai Development Division, on removal of unauthorized constructions and unauthorized hutments on semi-Government and private lands, guidelines were issued stating that day by day encroachment, illegal constructions and illegal hutments are increasing on such category of lands and such activities are required to be controlled and which were sought to be controlled by various circulars as referred in the reference in the said circular. This circular stated that the respective divisions would be primarily responsible to protect such land, however, as the concerned division did not protect the lands, illegal constructions setting up of unauthorized hutments have taken place and have increased. It was directed that the concerned Division to take immediate steps to prepare a scheme to protect the lands. The circular records that all unauthorized hutments and illegal constructions in the hutment areas put up after 1 January 1995 should immediately be removed. It was also provided that if these instructions are not implemented by the concerned officer or there is negligence or delay in taking such action, in that event the proceedings would be initiated against him as per the provisions of the Slums Act. The officers were also instructed that in regard to the unauthorized constructions, the concerned officer shall meticulously and from time to time adhere to the different directives of the State Government. (II) By a further Circular dated September 7, 2010, the State Government again issued directives in regard to the prevention of encroachment, demolition of unauthorized construction/hutments and registering of complaints. The Circular stated that from time to time the directives were issued, however, there was no serious implementation of the said circular at the level of different divisions as noticed by the State Government. As a result of which the Government lands were encroached and are being grabbed. The Circular states that in some instances the persons in the adjoining areas and/or local people are opposing removal of encroachment and demolition of unauthorized structures and force is required to be used to resist such opposition which creates law and order problem. However, in this situation, considering the ownership of the Government in respect of its land, the Government machinery was required to register complaints, as for non-filing of such complaints, the police are not in a position to take action, as informed by the Home Department. Considering such situations, the Government issue the following directives:- (i) To notify all details of the Government land and which be displayed in the Revenue Office or in the office of the Local bodies at a Page 33 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:42 ::: SMWP1_2024.DOC prominent place alongwith which a clear notice be given that if the Government land is encroached, legal action would be taken in regard to such encroachment. (ii) If there is any encroachment on the Government land or the land belonging to the local bodies, immediate action be taken to remove the encroachment or to demolish the unauthorized construction.
(iii) To prevent encroachment on the Government land is the responsibility of the respective Division in which the land is situated. For such reasons, the concerned Talathi, Circle Officer, and in respect of the forest land, the authorized officer, Gramsevak in respect of grazing lands and public lands and the Chief Officers of different municipal corporations, and in respect of other land where the Government land is in a particular division, the respective local officers, are under an obligation to immediately file a police complaint. In the event, there is any shifting of responsibilities to register a police complaint, the Senior Officers shall hold such officers responsible and take action. (III) On similar lines, a further circular dated 10 October 2013 was issued by the State Government in its Revenue and Forest Department, reiterating the directives as issued in the earlier circular dated 7 September 2010."
47. The menace of continued encroachments on Government lands and thereafter, illegal and unauthorized constructions being undertaken post encroachment, are also a result of an unwarranted protection being conferred on the slum dwellers by the policies of the State Government, which protect the interest of the slum dwellers by awarding a premium on such illegality. This merely for the reason that the government machinery failed to take any action to remove such encroachments and with impunity continued these encroachers to remain on government land for years together. The encroacPer se, hments are of two categories, those who have encroached for commercial purpose (those who have grabbed public land for installing shops etc.) and those who have encroached for putting up structures for residential user. Under the government policies both these encroachers are recognized and rewarded by providing alternate tenements of the nature they were occupying. The government policies issued from time to time to protect such encroachers, if their names are found in the voters list on a cut-off date being fixed at the ipse dixit of the Government. In our opinion, fixing of such arbitrary dates to protect the illegality of encroachment and ultimately to reward the encroachers with a free of cost permanent structure on the same government land, is certainly not an exercise of power, the constitutional principles would permit. These situations have added to the alarming woes of the city. It is no more a secret that these policies, which appear to be innocuous and intended to primarily protect the slum dwellers, resulted to be also of a political concern, as these large slums also constituted potential vote banks.
48. What can be the logic and any legal sanctity to a policy which rewards encroachment on public land by granting free of cost tenements, on the very same land amounting to a bonanza for its private exploitation? By such modus operandi, public land, merely because of it being encroached, vanishes from the public holding and most astonishingly the basis for the allotment of tenements under the redevelopment process, is identification of an encroacher by his voters ID, on the basis of an arbitrary cut-off date fixed by the government. In fact, such policies create a mechanism being made available to the slum dwellers and thereafter private interest like that of the developers, to obtain a surreptitious allotment of public/government land for commercial exploitation, for profits by a backdoor method, Page 34 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:42 ::: SMWP1_2024.DOC completely contrary to the well settled principles of allotment of State largesse, known to the Constitution. This more particularly, when there is an allotment of a small piece of public land for a lawful purpose, many a times there is a hue and cry. However, when large tracts of public land are being gulped by encroachers, would the legal machinery remain a mute spectator?
51. On the above backdrop, it would be appropriate to recapitulate some of the significant and glaring findings as made by the learned Commissioner, in the above context, which are as under:
a. The cutoff date of unauthorized hutment has been extended from time to time based on the representation made by the elected representatives.
b. Although the municipal corporation is routinely taking action on the unauthorized structures including in the slum areas but due to continuous extending of the cut-off dates by giving protection to the slum dwellers, it is difficult for it to plan definite demolition programme in the slums.
c. Within the MCGM area, there are various Government lands as also and various planning authorities such as MMRDA, MHADA, MBPT etc. d. Due to high real estate costs in Mumbai, land mafias are actively involved in unauthorized constructions. The land mafias use their muscle power/threats, political influences to stall actions against unauthorized structures by pressurizing the lower-level staff working under the Designated Officers.
e. Such members of the municipal staff remain under constant fear of assault/attacks by such unscrupulous elements since they do not have regular police protection.
f. There are criminal elements involved in the unauthorized development, hence, it is not possible for the civic staff to take action without proper support of the police department. It thus becomes difficult to take immediate action on the unauthorized structures once they are erected illegally.
g. A sympathetic view is always taken by the elected members and the Courts about the demolition action and to dislodge such affected persons during four months of monsoon. In cases where the Court finds that the action initiated by the authorities are faulty and directs the authorities to follow due process of law in initiating demolition action, it is seen that in these situations the organized mafia misuses the ad-interim/interim orders passed in such matters and carry out unauthorized constructions, so as to change status of the structure from being 'ongoing work and unoccupied' to 'completed and occupied' structure. As on date, approximately 10,000 cases are pending in various courts with ad-interim/interim orders passed by the Courts, as a result, the unauthorized structures continue to exist for long periods and consistent follow up becomes really difficult.
77. We are, thus, of the clear opinion that the MCGM being a Planning Authority for the entire Greater Mumbai area (excluding those areas in which by law other planning authorities are appointed), the MCGM has Page 35 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:42 ::: SMWP1_2024.DOC jurisdiction to exercise all powers under the MMC Act as also the MRTP Act and the Slums Act, to take action against illegal structures as permissible in law, not only in regard to all such areas within its jurisdiction, but also the slum areas falling under the Slums Act, except when a demolition order has been made under the Slums Act. We find that even Section 4 of the Slums Act would cast no embargo on the MCGM to take appropriate action in regard to any buildings which are unauthorized and/or dilapidated. Per se, Section 4 does not prohibit the planning authority to exercise any of its authority in regard to the structures of the nature Section 4 would contemplate either before the area is declared as a "slum area" or after it is declared as a "slum area". It is nobody's case that prior to an area being declared as slum, the planning authority namely the MCGM would not have any authority under the MMC Act and the MRTP Act to take action against unauthorized construction in such areas in regard to structures in these areas. From a holistic reading of the provisions of the Slums Act as discussed above, it is difficult to conceive that merely because an area is declared to be a slum under Section 4, the planning authority would lose its control and authority to regulate the structure by implementing the provisions of the MMC Act and the MRTP Act in the event the structures are dilapidated and/or in any manner unauthorized.
80. Be that as it may, it is never too late. It is high time that the concerned officials from the MCGM as also the Collectorate become conscious and immediately start taking action on illegal structures and restore a regime of only lawful construction prevailing in the city. In taking such action, the Municipal Officers ought to overcome any extraneous pressures and other obstructive considerations which may be created by certain undesirable elements preventing them from discharging public duties of taking action against such constructions. The iron hands of the Municipal Officers cannot be tied down by such pressures and they need to work relentlessly, as the law would mandate.
84. Illegal encroachments and unauthorized structures are a menace and a potential danger not only to the city of Mumbai, which is being ruined by encroachments and illegal constructions, but also to the other bigger cities.
These factors also depict a picture of absolute lawlessness in implementation of the municipal laws. This for more than one reason. Firstly, as seen from the State policies, it creates two categories of citizens, the first category is of those citizens who are law abiding, who would put up lawful construction and possess buildings/structures which are lawfully constructed thereby enjoying only the legitimate and permissible benefits therefrom. The second category is of those persons who brazenly violate law and put up illegal and unlawful constructions and enjoy with impunity such illegal structures, under the blessings of municipal and government officers. There is yet another category of persons, who illegally enter and encroach on public lands, construct unauthorized structures, they continue to reside in such structures for long periods with the blessings of all the authorities, and yet get rewarded under the government policies which offer them a premium on such illegality of encroachment, in entitling them with a free of cost accommodation, under the garb of slum redevelopment as made permissible under the State policies as discussed above. There cannot be a bigger unconstitutionality and breach of the public trust doctrine in such mechanism, under which valuable public largess is siphoned off from the pool of public assets to reward encroachers as also for private benefits. Page 36 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:42 ::: SMWP1_2024.DOC
102. In the scheme of Constitutional governance, it is not possible for us to assume that a public official, howsoever high, or mighty or low, can remain without public accountability to "We the People". Failure of accountability and discharge of public duties and responsibilities which the law would mandate them to discharge, in our opinion, are anathema not only to the expectations of lawful governance, but would also bring about a colossal case of derailment of the Constitutional and legal machinery, resulting into patent societal injustice and a civic regime opposed to the rule of law. The issues, which we have discussed above, certainly cast a serious doubt as to whether the above expectations of the rule of law are at all fulfilled and/or are followed in breach. It is for such reason, when there is a glaring and an apparent failure on the part of the statutory authorities to comply their lawful duties and Constitutional expectations, and/or when there is a dent or a breach in enforcement of the laws, the Courts unhesitantly are required to step in, so as to correct those who are failing in the discharge of their lawful duties, of not only to remind them of such duties and obligations but use the strong arm of law to set the same enforced and restore the confidence and expectations of the citizens, in the rule of law. This would also certainly require the Court to strictly deal with such officials, as the law would mandate the Court to so deal with them. They ought not to be under any impression that they can evade law with impunity. The famous quote of Lord Acton that "power corrupts and absolute power corrupts absolutely" ought to be realized to be untrue and something of the past, in its applicability in public governance. This, more particularly, when the aim is to compete with the other countries of the world where not only the building laws are stringently followed but also the aesthetics in relation to constructions and building designs are given a great impetus, so that the cities do not become eye sores of brick and mortar. This apart, as echoed in every public policy, corruption in municipal governance should be brought to the books by establishing multiple layers of anti- corruption mechanism within and outside the organization and achieve strict application of the provisions of the Prevention of Corruption Act, 1988. This ought to be implemented with immediate urgency by keeping a vigil on those officers who in the absence of any hurdles are deliberately not taking actions against illegal and unauthorized constructions. It is only then that there can be a ray of hope and sunshine for the future generations.
105. On our way towards conclusion, we may note that a chaotic state of affairs of mushrooming of slums and unauthorized and illegal constructions in every possible pocket of open land could have been avoided, provided there was a desire to have a proper vision and an effort to make an effective plan for mass public housing, which would cater to the housing needs, for a large percentage of population in a city like Mumbai. It cannot be overlooked that for a city as large as Mumbai or any other comparable city in the State, large work force and which may be migrant workforce is indispensable and perennially required, who cater to the various manpower requirements the city consumes. However, we find that in contemporary times, there is not much thought been given by the policy makers to such vital issues of affordable mass public housing, to be created to accommodate such large work force either temporarily or permanently. Moreover, the entire focus is on putting up skyscrapers on slum lands. It cannot be a situation that people from all parts of the country come to work in urban areas and there is no alternative to them but to encroach on government/public lands or private open lands and reside in filthy surroundings and in illegal structures. Such is the sorry state of affairs. Even Page 37 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:42 ::: SMWP1_2024.DOC such persons have a right to live with dignity and in appropriate humane and pleasant livable surroundings.
106. The policy makers appear to have turned a complete blind eye to these requirements of legitimate housing for such workforce, without whom the basic activities in the city would collapse. This is not only the requirement as would emerge from the constitutional guarantee as enshrined under Article 21 of the Constitution, but also what the Universal Declaration of Human Rights (1948) would provide wherein housing rights are recognized, as a part of economic and socio-cultural rights, which would guarantee a right to a standard of living adequate for health and well-being of citizens, and include the right to food, clothing, housing and medical care along with provisions for necessary social services etc. Further the International Covenant on Economic, Social and Cultural Rights (ICESCR) which is ratified by 160 States including our country also includes recognition of housing rights as a part of the broader right to adequate living conditions as seen from Article 11(1) thereof.
108. Considering the progressive steps being taken by many other countries, we feel that our policies also ought not to lag behind, so as to achieve the goals for creating ideal and slum free cities keeping in mind the interest of the generations to come. Can we have a myopic vision and forget that the generations to come would also need playgrounds, open spaces, gardens, clean and hygiene surroundings. This considering the scenario that people go on putting constructions and more so, at the behest of vested interest, wherever there are open lands. There is a need of a fundamental thinking on these vital issues of planning. A vision on these issues needs more attention in contemporary planning. If timely attention is not devoted to such issues, it is quite likely, that for the future years, things would worsen and may create insurmountable suffering, of every kind, affecting human lives who live in such cities. Thus, a serious endeavour of the policy makers, as an emergent need, ought to be, to have well-planned cities which would cater to every possible facet of human life and not merely to create unplanned and chaotic towns. Any lack of vision on these issues would be fatal for times to come.
109. We thus cannot expect citizens to languish in filthy and unhygienic slums. The right to livelihood includes a right of decent living and not an animal existence. It would include a right to live with dignity and implicit in it, is a right to live in decent houses, opposed to filthy living conditions. This ought to be an issue of prime concern for the State, so to device means to create mass housing facilities for the poor and for the economically weaker sections of the society, who are forced to live in slums in bigger cities so as to earn their livelihood and whose need for the city is perhaps indispensable. An endeavour ought to be made to bring about an era to have cities with no slums. If such ideals are achieved, it would be a pride and glory for the generations to come who would then would be the beneficiaries of dignified and ideal cities.
114. Erstwhile Bombay, now Mumbai, is home to people coming from across the country in search of livelihood. This migration has not only added to the dense population making Mumbai the most populous Indian city, it has immensely burdened the housing sector so much so that 41.3% of the population live in slums. Any one taking an aerial view of Mumbai, also called the city of dreams, would be fascinated by the swanky sky-scrapers but disheartened by the structures at the foot of such sky-scrapers covered Page 38 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:42 ::: SMWP1_2024.DOC mostly by blue tarpaulin covers. These are the densely populated single storey or double storied slums accommodating almost a half of the population, which co-exist as neighbours with real estate developments of extravagance. Despite these pronounced inequalities, people here seem to have accepted that this is the way life should go on. Mumbai happens to be the financial capital of this great nation and the extent of developments that one can see having taken place in Maharashtra, are significant. The annual budget of the Municipal Corporation of Greater Mumbai is more than several midsized States of India. It is, therefore, not unreasonable to assume that sufficient financial resources are at its disposal, and one would have expected the Government and the Corporation, whoever was at their helm, to adequately plan development by making appropriate budgetary provisions for affordable housing projects for the not so fortunate working class of people living in slums. Regrettably, instead of moving in the direction to have a planned and sustainable development, the successive Governments together with the Corporation seem to have unabashedly allowed mushrooming of slums at the instance of squatters by encouraging them not only to encroach more and more of public property but, simultaneously, by enacting laws to protect such unauthorized occupation. Enacting laws to further the interests of the weaker sections of the society is the obligation of every State in terms of Part IV of the Constitution and any move in that behalf ought to and must be welcomed. People living in slums do equally have a right of decent living conditions, which can be ensured by relocating them with proper housing facilities. However, a vicious nexus involving high profile personalities, bureaucrats, builders and slum lords have created a situation where public property is first encroached without resistance being provided by the law enforcing agency, followed by a declaration of slum gradually progressing to redevelopment by builders ostensibly for slum dwellers but really to further the interests of the "haves". In the garb of legislation, in a novel manner, a fraction of the population including holders of public offices have continued to prosper by achieving their goals through impure means which are nothing short of betrayal of the trust that the people of this region have reposed in those responsible for an able governance. While it was the need of the hour to make housing projects a reality more effectively and with empathy, what has been laid bare is the apathy and indifference to cater to the needs of the hapless coupled with a complete lack of sensitivity. The reasons are not far to seek. Quite contrary to the ideals and values embodied in the Constitution which lay down the basic framework of the social and political structure of the country and sets out the objectives and goals to be pursued by the people in a common endeavor to secure happiness and welfare of every member of the society and despite taking oath to uphold the laws, actions of those in power and authority are now invariably driven by political motivations or other oblique considerations. No wonder, the casualty is the compassionate Constitution of ours."
("emphasis supplied")
22. In Moinuddin Pashamiya Shaikh Vs. Slum Rehabilitation Authority 9, the Court undertook a detailed examination of the structural failures in the SRA 9 2023 SCC OnLine Bom 2933 Page 39 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:43 ::: SMWP1_2024.DOC system. It was observed that encroachments on public/government lands are widespread and undeniable. Over decades, unauthorized encroachments have proliferated, and the assumption that every slum dweller is impoverished lacks basis. In law, all slum structures are unauthorized; even an authorized structure doesn't become a "slum" merely because slum-like conditions surround it. Mixed settlements of authorized and unauthorized structures on one plot have created complex legal issues. Slums involve serious social, planning, engineering, and political problems; many people migrate to cities in search of livelihood, resulting in unplanned "informal settlements." The Slum Act provides the procedure for slum redevelopment: slum identification, notification, survey, LOI to the developer, Annexure II eligibility, and provision of free rehab units with transit rent. Developers receive free-sale FSI as consideration; rehab construction triggers phased rights to build free-sale units. Three systemic failures were identified - (i) rehab tenements are the core of redevelopment; (ii) these are provided free of cost to slum dwellers, creating high-value assets at public cost;
(iii) there is no robust system to verify eligibility or prevent fraudulent claims; biometric verification started only recently. The combination of free housing, no monitoring, and lack of verification forms a "trifecta" at the heart of today's redevelopment crisis. Despite promises, slums have not reduced; they continue to expand, and conditions remain harsh. The Court reaffirmed the earlier rulings that the right to life includes the right to shelter, but there is no fundamental right to trespass, squat, or claim rehabilitation based on trespass. No constitutional principle gives a squatter a right to obtain a marketable asset free of Page 40 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:43 ::: SMWP1_2024.DOC cost. Public land is diverted to provide high-value real estate to encroachers while lawful home buyers pay mortgages for decades, creating deep injustice. Policies effectively reward illegal encroachment by guaranteeing free in-situ tenements at enormous public cost. Courts cannot ignore the injustice faced by honest citizens who lawfully purchase homes while encroachers receive free units. Evidence now shows large-scale trafficking and illicit dealing in free rehab units because they are high-value assets. The issue of whether redevelopment must always be in situ involves other complex considerations such as eviction, relocation, infrastructure, and transport which are beyond the Court's present scope. What is clear is the reaffirmation that State largesse cannot constitutionally be distributed to regularize trespass or reward unlawful occupation.
23. In Sayunkta Sangarsh Samiti and Another Vs. State of Maharashtra and Ors.10, the Supreme Court analyzed the public law character of SRA schemes and the statutory obligations of authorities. It was observed that the slums in Mumbai reflect deep social and economic inequalities, driven largely by the migration of rural and marginalized populations seeking employment. Migrants, unable to afford formal housing, create informal settlements, which later become slums with extremely poor hygiene and temporary structures. Mumbai has the highest number of slum dwellers in India, which is nearly about 42% of its population (2011 census) and this is due to historic neglect of housing needs, dating back to colonial times.
10 2023 SCC OnLine SC 1684 Page 41 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:43 ::: SMWP1_2024.DOC 23.1 Past public bodies such as BIT (1898) and BDD (1920) attempted low- cost housing but could not meet the massive demand. Post-independence, slum policy shifted from demolition to welfare-oriented redevelopment, culminating in the Slum Act, 1971, which aims at improvement, protection from eviction, and redevelopment. The 1971 Act created the Slum Rehabilitation Authority (SRA) to plan and implement redevelopment schemes and ensure benefits for slum dwellers. SRA Schemes have a clear public law character, as the land involved is public or belongs to public authorities, and redevelopment must serve statutory welfare purposes. Private agreements cannot override SRA's statutory mandate; redevelopment must conform strictly to the Slum Act and Development Control Regulations. The Municipal Corporation has a central role in - (i) certifying eligible occupants; (ii) verifying genuine slum dwellers; (iii) ensuring public land is used solely for public welfare. The purpose of the Slum Act is rehabilitation, "not the commercial exploitation of public land"; hence, State authorities must regulate every stage of the scheme, namely, the submission and evaluation of proposals, scrutiny, sanction, and implementation. Although disputes between a slum society and a developer have a private element, private remedies are not exclusive, because the SRA has overriding statutory authority to enforce the public purpose. The State and the SRA must ensure that schemes are not misused, that the public purpose is upheld, and that rehabilitation does not become subordinated to private contractual interests. Page 42 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:43 ::: SMWP1_2024.DOC
24. In Bishop John Rodrigues Vs. State of Maharashtra 11, a Division Bench of this Court examined compulsory acquisition of private land under the Slum Act and observed that the land in question was a small private plot of 1596.40 sq.m. with only 35 slum structures, owned by a Trust. The landowner consistently showed readiness and willingness to redevelop the slum structures by providing permanent alternate accommodation. Even a composite proposal covering both the Trust's larger land and the slum-occupied portion was legally permissible, and there was no legal bar on the petitioner undertaking redevelopment. If redevelopment by the petitioner became impossible due to reasons beyond the landowner's control, compulsory acquisition under Section 14 of the Slum Act could not be forced on the petitioner. Forcing compulsory acquisition without giving the landowner a fair opportunity to redevelop would be arbitrary, illegal, and violative of Article 300A (Right to Property). 24.1 Encroachment removal in Mumbai is a near-impossible task, with encroachments often supported by slumlords, politicians, and criminal elements, making protection of private land extremely difficult. Private owners regularly struggle to safeguard their land, while developers with resources often misuse slum redevelopment as a tool to capture valuable private property. Declaring private land as a slum under the Act starts a nightmarish process, effectively depriving the owner of normal ownership rights and exposing them to unjust acquisition pressures. Many schemes are, in reality, developer-driven, where developers form or control the so-called "slum society" to push proposals for FSI 11 2024 SCC OnLine Bom 1632 Page 43 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:43 ::: SMWP1_2024.DOC benefits. It is unacceptable that a willing landowner knocking at SRA's doors for redevelopment is instead issued a Section 14(1) notice of compulsory acquisition. 24.2 Before acquiring land, there must be insurmountable material on record showing that redevelopment by the landowner is impossible; only then can compulsory acquisition be justified. Authorities have an onerous duty to act fairly, objectively, and not privatize the process in favour of encroachers or developers under the guise of rehabilitation. Chapter I-A does not intend that once land is declared a slum and a cooperative slum society is formed, the owner gets no opportunity to redevelop. Section 13(1)'s requirement of giving 120 days' notice to landowners must be strictly followed before any decision to compulsorily acquire is taken. The law requires giving the landowner a meaningful opportunity to propose a rehabilitation scheme; failure to do so would violate Article 300A. The Court, in dealing with the acquisition of the private land under Section 14 of the Slum Act in the absence of the right of the owners being recognized in regard to the preferential redevelopment of the slum, has made the following observations:
"99. The SRA and whosoever is concerned in regard to the slum redevelopment need to be conscious of the ground realities namely that it is an herculean task in a city like Mumbai to remove any encroachment on private and public land. It is equally difficult for a private owner of the land to safeguard its land and prevent encroachment. This is the sad story, as encroachment does not happen by such encroachers simplicitor squatting on the land, invariably the encroachment is backed inter alia by slumlords, criminals, social workers, politicians (as the squatters would be vote banks). For a bonafide landlord, it is impossible to fight with such forces and, keep litigating on removal of encroachment. Thus, to achieve removal of the encroachment, is seen to be impossible for the landlords and for public bodies like State Government and Municipal Corporation as also the Airport Authority, as major public lands in the City of Mumbai have vanished from the public pool and are subjected to private development by developers under the garb of slum re-development, as the rulings of this Page 44 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:43 ::: SMWP1_2024.DOC Court on several such issues would remind us of these woeful realities. In these circumstances, persons like the developers who are interested in commercial exploitation of any land under the slums may it be private or public, who are backed by other powerful forces and many times also by the government machinery, initiate proceedings under the Slum Rehabilitation Act for declaring private land as a slum. The moment such a declaration takes place, a nightmare and one of the most difficult journeys any citizen who owns land, commences namely to pursue litigation on such a declaration. It is hence as good as a preliminary capital punishment in so far as the ownership rights qua the private land are concerned. The way forward is just to be imagined. This being the case immediately developers who keep track on such development potential purportedly at the behest of the slum society come forward on a purported appointment by a slum society. In reality it is seen that it is the developer who actually forms the slum society. He is the one who is taking steps to enter into a development agreement with the society and the slum dwellers and put up a proposal before the SRA through his architect, everything in the name of the slum society. This for the reason that there is a bonanza of FSI of a free sale component available to be developed by the developer (The question is why should the developers have such bonanza on a land of somebody's ownership or of a private ownership. Thereafter, the SRA purporting to exercise some pious obligation would, under a label of social sympathy and purportedly to forward the object of the Slum Act, commence a process to permit development at the hands of such developer and in a given situation, start proceedings to acquire the land. To say the least, we can certainly take a judicial notice that this has been a sad reality, replete on this branch of slum jurisprudence, as majority of these cases are asserted by the developers with resources and legal ammunition they could have.
101. In these circumstances, when valuable private rights as guaranteed under Article 300A of the Constitution to an owner of the land are being deprived under the garb of slum rehabilitation, there has to be an insurmountable situation on record of the SRA or for any reasonable body of persons to come to an unimpeachable conclusion that the only and only remedy and/or avenue in a given case is to acquire the private land and not permit the owner of the land to undertake the development. The CEOSRA has an onerous obligation to reasonably, non-arbitrarily, and objectively deal with the valuable property rights of private citizens who are dragged in such situation that the monsters of encroachment and persons supporting them take the rule of law in their hands in depriving the land owner of his right to property. They forget that there is a rule of law and there are Courts and any such attempt to dent the rule of law can be dealt with iron hands. We may also add that if the official machinery was to act as per law, today we would not have been confronted with the situation of an international city like Mumbai being also known for its slums on private and public lands [See the observation of the Court in High Court on its own motion (In the matter of) Jilani Building at Bhiwandi v. Bhiwandi Nizampur Municipal Corporation)."
("emphasis supplied")
25. The decision of this Court in Indian Cork Mills Private Ltd. (supra) was upheld by the Supreme Court in subsequent decisions in Tarabai Nagar Page 45 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:43 ::: SMWP1_2024.DOC Cooperative Housing Society Vs. State of Maharashtra 12 and Saldanha Real Estate Pvt. Ltd Vs. Bishop John Rodrigues and Ors. 13. In Saldanha Real Estate Pvt. Ltd. (supra), it was observed that the SRA and its CEO failed in their public duty, acting with bias to undermine the landowner's rights and favour a private builder (Saldanha). The Supreme Court found collusion, connivance, and misuse of authority, revealing a deliberate attempt to bypass statutory protections and hand over the land for private benefit. It was observed that Saldanha's influence over the SRA appeared so strong that the developer could push the project even during the COVID-19 lockdown, when public administration was otherwise paralysed. The Slum Act protects slum dwellers, but offers no explicit statutory protection to landowners; this gap creates a vacuum that opportunistic developers exploit. Developers manipulate slum dwellers and work "hand-in-glove" with authorities to illegally dispossess landowners and enrich themselves. The Supreme Court held that the acquisition proceedings, tainted by a colourable exercise of power, could not be allowed to continue. The High Court was correct in stopping the acquisition early, thereby protecting the statutory rights of the Church / Trust and preventing an illegal land grab by the developer. In the said decision, the Supreme Court made the following observations:
"49. Throughout this case, the SRA and its CEO appear to have abandoned their public duty to uphold the Rule of Law and protect the rights of the landowner. On the contrary, the facts reveal a prejudiced attempt by the SRA to undermine legislative and judicial efforts and hand over the Subject Land and the benefits of its rehabilitation to Saldanha. Such actions of a public authority, marred by collusion and connivance and motivated by extraneous profit interests of private builders, are highly depreciable and underline the possibility of bureaucratic misuse of statutory 12 2025 INSC 1015 13 2025 SCC OnLine SC 1794 Page 46 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:43 ::: SMWP1_2024.DOC provisions.
50. The facts of the instant case compel us to infer that Saldanha's overreaching influence went beyond the slum-dwellers' proposed society. In its attempt to take over the Subject Land, the developer appears to have gotten the typically slow-moving bureaucratic wheels of the SRA to run at full speed. Moreover, Saldanha was able to achieve this manoeuvre at a time when the entire country was under lockdown and the machinery of governance was overwhelmed by the unprecedented challenges of the COVID-19 pandemic.
51. These circumstances underpin the need for practical and actionable safeguards in a legal system involving competing interests among private parties. The Slums Act, while providing wholesome protection to slum dwellers and their homes and livelihood, does not give such express protection to the interests of the owner of the land. The ensuing vacuum, as we have seen in these appeals, allows opportunistic developers to swoop in, exploit the circumstances of the poor slum dwellers, manipulate the hand- in-glove authorities, and enrich themselves off the helpless owner's land.
52. Keeping the facts of this case and the obviously colourable conduct of the Appellants in mind, the acquisition proceedings cannot be allowed to sustain. As such, the High Court has rightly nipped these proceedings in the bud, protecting the statutory rights and interests of the Church Trust over the Subject Land and preventing the Appellants from illegally grabbing it."
("emphasis supplied")
26. A Nine Judge Constitution Bench of the Supreme Court in the case of Property Owners Association and Others Vs. State of Maharashtra and Others 14, was dealing with a reference raising significant questions about the applicability of Articles 39(b) and 31(c) of the Constitution. The issue arose from a decision of the Division Bench of this Court which upheld the Constitutionality of the provisions of Chapter VIIIA of the The Maharashtra Housing and Area Development Act, 1976. The High Court had held that the said provisions of the Chapter VIIIA were saved by the Article 31C, as they were enacted to give effect to the principles laid down in Article 39(b). The High Court held that the same principles applied to Chapter VIII-A as well while holding that the provisions of the said Chapter did not violate Article 14 of the Constitution. In view of the
14. (2024 SCC OnLine SC 3122) Page 47 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:43 ::: SMWP1_2024.DOC importance of the issues involved, a reference was made for the matter to be placed before a Nine-Judge Bench, as set out in paragraph 16 of the reference order. Although the scope of the reference pertained specifically to the interpretation of Article 39(b), and not to the continued validity or survival of Article 31C, it was contended by the parties that the determination should be confined to Article 39(b) and more particularly, only to the question of whether "material resources of the community" include privately owned resources. The observations made by the Supreme Court as relied upon by Mr. Khambata learned Amicus require to be noted -
"257. An interpretation of Article 39(b) which places all private property within the net the phrase "material resources of the community" only satisfies one of the three requirements of the phrase, i.e. that the goods in question must be a 'resource'. However, it ignores the qualifiers that they must be "material" and "of the community". The use of the words "material" and "community" are not meaningless superfluities. We cannot adopt a construction of the provision which renders these terms otiose. The words "of the community" must be understood as distinct from the "individual". If Article 39(b) was meant to include all resources owned by an individual, it would state the "ownership and control of resources is so distributed as best to subserve the common good". Similarly, if the provision were to exclude privately owned resources, it would state"ownership and control of resources of the state..." instead of its current phrasing. The use of the word "of the community" rather than "of the state" indicates a specific intention to include some privately owned resources.
258. In essence, the text of the provision indicates that not all privately owned resources fall within the ambit of the phrase. However, privately owned resources are not excluded as a class and some private resources may be covered. The resource in question must meet the two qualifiers, i.e. it must be a "material" resources and it must be "of the community". Thus, the judgments doubted in the reference before us are incorrect to the extent that they hold that "all resources" of an individual are part of the community and thus, all private property is covered by the phrase "material resources of the community".
263. The right to property was included in the Constitution as a fundamental right under Articles 19(1)(f) and Article 31. Subsequently, the right to property was deleted from Part, Ill of the Constitution by the Constitution (Forty-fourth Amendment) Act, 1978. However, a modified version was inserted and the right to property continues to be constitutionally protected under Article 300A. Although no longer in the nature of a fundamental right, the provision has been characterised as a Page 48 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:43 ::: SMWP1_2024.DOC constitutional and human right.
264. A two-Judge Bench of this Court in Kolkata Municipal Corporation & v. Bimal Kumar Shah, speaking through Justice PS Narasimha, had occasion to discuss the scope and content of Article 300-A and the constitutional vision in relation to private property. This Court held that merely providing compensation does not justify compulsory acquisition by the state unless procedural safeguards are followed. It was observed that a "post-colonial reading" of the constitutional right to property cannot be limited to the twin conditions of (a) the acquisition being for a public purpose; and (b) payment of compensation, and must give way to morel meaningful renditions This Court observed:
"28. While it is true that after the 44th Constitutional Amendment, the right to property drifted from Part III to Part XII of the Constitution, there continues to be a potent safety net against arbitrary acquisitions, hasty decision- making and unfair redressal mechanisms. [...] To assume that constitutional protection gets constricted to the mandate of a fair compensation would be a disingenuous reading of the text and, shall we say, offensive to the egalitarian spirit of the Constitution.
29. The constitutional discourse on compulsory acquisitions, has hitherto, rooted itself within the 'power of eminent domain'. Even within that articulation, the twin conditions of the acquisition being for a public purpose and subjecting the divestiture to the payment of compensation in lieu of acquisition were mandated. [...] A post-colonial reading of the Constitution cannot limit itself to these components alone. The binary reading of the constitutional right to property must give way to more meaningful renditions, where the larger right to property is seen as comprising intersecting sub-rights, each with a distinct character but interconnected to constitute the whole. These sub-rights weave themselves into each other, and as a consequence, State action or the legislation that results in the deprivation of private property must be measured against this constitutional net as a whole, and not just one or many of its strands".
265. The right to property under Article 300-A, this Court observed, may be seen as comprising of the following sub-rights which ensure that the procedure followed is just, fair and reasonable:
"27. [...] i) duty of the State to inform the person that it intends to acquire his property - the right to notice, ii) the duty of the State to hear objections to the acquisition - the right to be heard, ill) the duty of the State to inform the person fits decision to acquire - the right to a reasoned decision, iv) the duty of the State to demonstrate that the acquisition is for public purpose - the duty to acquire only for public purpose, v) the duty of the State to restitute and rehabilitate - the right of restitution or fair compensation, vi) the duty of the State to conduct the process of acquisition efficiently and within prescribed timelines of the proceedings Page 49 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:43 ::: SMWP1_2024.DOC
- the right to an efficient and expeditious process, and vii) final conclusion of the proceedings leading to vesting - the right of conclusion."
("emphasis supplied")
27. In Mujibur Rehman Chaudhary Vs. Municipal Corporation for Greater Mumbai15, the issue for consideration before this Court was whether an unauthorized vertical extension, namely, the construction of a Mezzanine/first floor to the existing structure of the appellant used as hotel (which itself was unauthorized), can receive a protection from an action of its removal by the municipal corporation, merely because the structure is situated in a notified slum. In rejecting the appeal and by not recognizing any protection, the Court has made the following observations:
"31. It also needs to be stated that a photo-pass cannot be accepted to be a carta blanca or a blanket licence to put up an unauthorised, illegal construction. It is certainly within the jurisdiction and powers of the MCGM to take action against the structure, if any structure is put up illegally. If unauthorized and uncontrolled illegal constructions are permitted in slum areas, the ghastly consequences are not too far to be seen. In such context, the Division Bench of this Court in Jilani Building's Case
(b) (supra) considering the provisions of Chapter I-B of the Slums Act has held that the protection which has been conferred by Section 3Z of the Slums Act to the protected occupiers, cannot be confused or interpreted to mean that the protected occupier enjoys and can be granted a complete immunity from putting up unauthorized construction or structure and/or can make illegal additions or alterations.
......
34. In the absence of specific provisions under the Slums Act for inclusion of commercial premises being recognized in the photo-pass under the provisions of the Slums Act, it would be difficult to accept that the Slums Act would recognize a commercial structure, in respect of which under the Slums Act a photo-pass can be issued. Moreover, the definition of 'dwelling structure' as defined under Section 3X(a) of the Slums Act, as rightly contended by Mr. Jagtiani, in my opinion, would be required to be interpreted in the context of the object, the Slums Act intends to achieve. The said definition reads thus:-
"3X. Definitions: In this Chapter, unless the context otherwise requires:- (a) "dwelling structure" means a structure used as a dwelling or otherwise and includes an
15. 2023 SCC OnLine Bom 579 Page 50 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:43 ::: SMWP1_2024.DOC out-house, shed, hut or other enclosure or structure, whether of bricks, masonry, wood, mud, metal or any other material whatsoever;"
35. When the words 'dwelling or otherwise' are used in the definition of a "dwelling structure", and when the definition provides to include outhouse, shed, hut or other enclosure or structure, necessarily in my opinion, it would not include commercial premises which do not fit into any of the ingredients of such provision namely a structure used for dwelling or outhouse, shed, hut, as used in the said provision. In such context Mr. Jagatiani's reliance on the decision in Ramesh Appa Rao (supra) which has considered the Government policy under the Government Resolution dated 16 May 1996 that the commercial structure is not protected, would be apposite, however, subject to caveat that the subsequent Government Policies have deviated from the Government Resolution dated 16 May 1996 so as to grant protection to commercial structures."
("emphasis supplied")
28. In Priya Construction Company Vs. The Slum Rehabilitation Authority & Ors16, the Division Bench of this Court referring to Shree Sai Pawan SRA Chs Ltd Vs. CEO SRA & Ors17, the SRA made the following observations :-
"4. This is not an isolated pronouncement. In any case, it has not been disturbed. It is a finding on a principle of law by a bench of coordinate strength; and it is therefore a binding precedent. On 27th February 2023, in (OS) Writ Petition No 9291 of 2022, Shree Sai Pawan SRA Chs Ltd v CEO SRA & Ors, and connected matters, we said:
4. The reason is self-evident and we have repeated it again and again in series of judgments and orders. The fundamental point is this: This city is not for developers. The Slum Rehabilitation Act 1995 ("SRA") is not for developers. The Act is intended to serve a public welfare purpose. Developers are a means to that end. They are entitled to a free sale component provided by the incentive Floor Space Index ("FSI") but this is a consideration for their fulfilling their obligations under the contract (for there is always a development agreement) and under law, in the form of Letter of Intent issued by the Slum Rehabilitation Authority. Those obligations include not only the rebuilding or building of rehabilitation structures and tenements both commercial and residential, but also the payment of transit rent in the meantime or the providing of habitable transit accommodation. A developer who does not pay transit rent, does not provide habitable transit accommodation or otherwise is in default of his obligations, all of which have to be performed on a schedule and within a time frame, is not entitled to any of the benefits of the slum rehabilitation project, i.e., the free sale component. This is the overall architecture of the Maharashtra Slum Areas
16. 2023 SCC OnLine Bom 3202
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5. But this means that where there is a demonstrated default by the developers or by the co developers, then the privileges and entitlements are liable to be taken away for there is a complete failure of consideration. A party in default cannot be allowed to take advantage of its own wrong and failure. That would be profiteering and that too at public expense because many of these slum projects are on public lands -- such as this one -- and the developer is not being made to pay the cost of land.
6. Or, to put it differently, the developer can always be changed. The beneficiaries of a SRA project cannot.
(Emphasis added)
5. This is equally true of re-development of tenanted/cessed structures, and in every case where a re-development of home for existing occupiers or tenants are involved.
6. Thus, under SRA law, the obligations of the developer in whose name the Letter of Intent or LoI is issued are, inter alia, payment of transit rent and the construction of rehab homes for those entitled to rehabilitation according to sanctioned specifications. If these obligations are not met, then, as a matter of law, there is a failure of consideration and there is no right to any free sale unit. The sequencing is clear. The rights of the Developer recognised by SRA to free sale units are contingent and dependent on the performance by that Developer of obligations to the Society. If that LoI- holding Developer fails to perform the obligations, then no rights accrue to it."
("emphasis supplied")
29. In Yash Developers (supra) the Supreme Court considering the large amount of cases being filed under the Slum Act as noticed from the National Judicial Data Grid (NJDG), it was observed that the Slum Act is a beneficial legislation, intended to materialize the Constitutional assurance of dignity of the individual by providing basic housing, so integral to human life. However, the propensity and proclivity of the statute to generate litigation were observed to be worrisome. The Supreme Court observed that there seems to be a problem with the statutory framework for realizing the purpose and object of the statute. The relevant observations as made by the Court are required to be noted which read Page 52 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:43 ::: SMWP1_2024.DOC thus:-
"51. Though we have disposed of this civil appeal by dismissing it, we must record that this case has provoked us to reflect on the working of this Act.
52. The Act came into being in 1971 and since then, for over five decades, the High Court has been exercising judicial review jurisdiction, disposing of writ petitions raising claims or challenges to the exercise of powers or dereliction of duties by authorities under the Act. Data fetched from National Judicial Data Grid (NJDG) reveals that a total of 1612 cases involving disputes arising under the Act are pending before the Bombay High Court. Of these, 135 cases are more than 10 years old. In the last 20 years, 4488 cases have been filed and disposed of under the said Act.
53. Latest data from the Bombay High Court reveals that about 923 cases on the Appellate Side and 738 on the Original Side are pending adjudication. The Act is a beneficial legislation, intended to materialise the constitutional assurance of dignity of the individual by providing basic housing, so integral to human life. However, the propensity and the proclivity of the statute to generate litigation are worrisome. There seems to be a problem with the statutory framework for realising the purpose and object of the statute.
54. In Galaxy Enterprises v. State of Maharashtra [Galaxy Enterprises v. State of Maharashtra, 2019 SCC OnLine Bom 897] the Bombay High Court has remarked that : (SCC OnLine Bom para 3) "3. ... Nonetheless, considering the volumes of disputes still reaching the Courts, it can certainly be said that time is ripe, if not too late, to ponder, whether things are realistically working in the right direction, to eradicate slums and rehabilitate the slum dwellers, with the desired efficacy and expedition. This not only at the hands of the authorities but also at the hands of the other stakeholders. The vital issue which has often led to controversy and disputes, is on the rules permitting, the selection and appointment of developers to undertake a slum rehabilitation scheme, being conferred on the slum dwellers, who are hardly expected to know the nitty-gritty of the slum redevelopment schemes. It is seen that the so-called leaders of the slum dwellers who are themselves in need to be rehabilitated, are often lured by developers and their agents, and once a developer is appointed, what normally prevails is a constant fear of incertitude and scepticism amongst the slum dwellers, leading to disputes on variety of issues affecting their final rehabilitation. Such issues not only frustrate the very object of a speedy slum redevelopment but completely derail the slum schemes. It can be seen that scores of slum schemes have remained incomplete for years together and are languishing on such issues, either in litigation before courts and/or before the authorities. These schemes need not face such ordeal, including of an unending litigation. To change the developer is no answer as even this process involves dispute resolution and ultimately lengthy litigation from one forum to another."
55. Further, referring to the statutory scheme, as per which development is possible only when the slum dwellers feel the need and seek Page 53 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:43 ::: SMWP1_2024.DOC development, the High Court pointed out yet another problem about the statutory framework in the following terms : ( Galaxy Enterprises case [Galaxy Enterprises v. State of Maharashtra, 2019 SCC OnLine Bom 897] , SCC OnLine Bom para 5) "5. ... It cannot be countenanced that the slums be redeveloped only when the slum dwellers feel the need of a redevelopment and the Government Authorities cannot initiate redevelopment and cannot initiate a suo motu action in that behalf. It is hence, for the Government and the Slum Authority to give its anxious consideration to these issues and in its wisdom to devise a substantial, nay a foolproof mechanism, by undertaking a study and identify these grey areas, so that the helping hand as extended by the legislature in providing this beneficial law as far back in 1971 that is almost 50 years back is held strongly and firmly by all concerned. It is never too late."
56. The exasperation of the High Court about working of the Act is understandable. The present appeal is a classic example of why the High Court's concern is genuine. It has been noticed that the statutory scheme is problematic with respect to:
56.1. Identification and declaration of land as a slum. This problem involves an examination of the role of authorities in giving such recognition, insidious intervention of builders in the said process cast doubts on the independence and integrity in the decision-making process; 56.2. Identification of slum dwellers : This involves a complicated process of proof of such a status, the attendant problem of groupism, giving rise to competing claims inevitably leading to litigation; 56.3. Selection of a developer : The Act leaves this decision to the cooperative society of slum dwellers and the majority decision is manipulated by competing and rival developers;
56.4. Apportionment of the slum land between redevelopment area and sale area : This is yet another area where court has witnessed developers seeking to increase the proportion of the sale area, leading to contestation; 56.5. Obligation to provide transit accommodation for the slum dwellers pending redevelopment : Invariably, we see instances where the developer does not provide transit accommodation within time or provides an inadequate alternative in the form of a quantified amount towards rent. On the other hand, there are instances where some slum dwellers refuse to vacate the premises on the ground that the transit accommodation is either inconvenient or the amount offered is insufficient; 56.6. There are also issues of lack of independence and objectivity in the functioning of statutory authorities : This is a matter of serious concern.
Courts have witnesses that the authorities have no independence and, their tenure is also short. Additionally, the functioning of these statutory authorities gives an indication that there could be a regulatory capture; 56.7. Another concern which exists is about the effectiveness of statutory remedies : Statutory remedies are ineffective and at the same time, lacking in accountability; and 56.8. Judicial review proceedings under Article 226 cannot be a long- term solution : We have given details of the number of writ petitions pending before the High Court in paras 52 to 54.
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57. The abovereferred problems arising out of the statutory scheme and policy framework should have come under review by the State of Maharashtra. Assessment of the working of the statute to realise if its purpose and objective is achieved or not is the implied duty of the executive government. Reviewing and assessing the implementation of a statute is an integral part of Rule of Law. It is in recognition of this obligation of the executive government that the constitutional courts have directed Governments to carry performance audit of statutes. ..........
64. A peculiar feature of how our legislative system works is that an overwhelming majority of legislations are introduced and carried through by the Government, with very few private member bills being introduced and debated. In such circumstances, the judicial role does encompass, in this Court's understanding, the power, nay the duty to direct the executive branch to review the working of statutes and audit the statutory impact. It is not possible to exhaustively enlist the circumstances and standards that will trigger such a judicial direction. One can only state that this direction must be predicated on a finding that the statute has through demonstrable judicial data or other cogent material failed to ameliorate the conditions of the beneficiaries. The courts will also do well, to arrive the very least, at a prima facie finding that much statutory schemes and procedures are gridlocked in bureaucratic or judicial quagmires that impede or delay statutory objectives. This facilitative role the judiciary compels audit of the legislation, promote debate and discussion but does not and cannot compel legislative reforms.
65. In light of the foregoing, considering that the Act is a State legislation, implementation of which lies with the State of Maharashtra, and till date no comprehensive statutory audit has been undertaken, we request the learned Chief Justice of the Bombay High Court to constitute a Bench to initiate suo motu proceedings for reviewing the working of the statute to identify the cause of the problems indicated in para 56. The Bench concerned will hear the Government, the statutory authorities, the necessary stakeholders including intended beneficiaries and perhaps take the assistance of some senior members of the Bar specialising in this area as Amici Curiae. We leave it to the High Court to devise such methods as it deems fit and appropriate.
66. Having examined the matter, the Bench may consider directing the Government to constitute a committee for performance audit of the Act. The court's jurisdiction extends only to that extent, and no further. The law- making, including amendments, is the exclusive domain of the legislature."
C. The Present Proceedings:
30. On the aforesaid orders of the Supreme Court, the present Bench was constituted. The first hearing of the present proceedings was held on 16 August 2024, when, after broadly discussing the issues, the Court appointed Mr. Darius Khambata and Mr. Sharan Jagtiani, learned senior advocates, as also Ms. Naira Page 55 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:43 ::: SMWP1_2024.DOC Jeejeebhoy, advocate, as the Amici Curiae. By a further order dated 20 September 2024, we also appointed a nodal advocate, Mr. Samit Shukla, to coordinate in respect of the pleadings to be filed by all stakeholders. By subsequent orders, all the stakeholders were permitted to file their respective applications/affidavits to place before the Court their perspectives on the issues. Although, the members of this Bench were sitting in different assignments, we heard the respective counsel extensively various dates of the listing of the present proceedings.
D. SUBMISSIONS:-
Submissions on behalf of Simpreet Singh, Hussain Indorewala, Ghar Haqq Sangharsh Samiti, Ms. Medha Patkar and Ms. Amita Bhide, Dean, School of Habitat Studies, Tata Institute of Social Sciences (TISS): (Ms. Gayatri Singh, learned senior counsel)
31. Ms. Gayatri Singh on behalf of these parties has made extensive submissions. She has divided her submissions into two parts.
32. Firstly, Ms. Singh would focus on the issue of Identification and Declaration of Slum Lands, Identification of Slum Dwellers, Transit Accommodation for Project Affected Persons ("PAPs") being the core issues as identified by the Supreme Court in Yash Developers (supra). Ms. Singh would, in the first part of her submissions, refers to various International Treaties and Conventions. She has also referred to case studies from Countries like South Africa and the United Nations. She has made detailed submissions on 'Right to Life' being a fundamental right guaranteed under Article 21 of the Constitution, as also the positive role of the State to provide affordable housing. Page 56 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:43 ::: SMWP1_2024.DOC
33. Ms. Singh has also relied on the decision of the Delhi High Court in Sudama Singh vs. Government of Delhi18, to highlight the deprivation of Human Rights caused by forced eviction, which must be carried out after following due process of law. She would also refer to the decision in Ajay Maken vs. Union of India19 where the Delhi High Court referring to the decision of Sudama Singh (supra) held that forced eviction of settlement dwellers is illegal if carried out without due compliance with the principles of natural justice to include adequate notice and the duty of the State to ensure adequate rehabilitation plans are in place.
34. Ms. Singh on the second leg of her contentions encompassing some of the core issues as identified by the Supreme Court in Yash Developers (supra), has also relied upon the affidavits submitted by the aforementioned slum dwellers, which are placed on record before this Court. Her submissions are summarized as under:-
Issue No.I :- Identification and Declaration of Land as Slum Land.
(a) In this context, she would refer to paragraph 33 of the decision of the Supreme Court in Yash Developers (Supra) read with the Slum Act, which envisages different levels of state intervention. This would include declaration of slum areas; protection of occupiers from eviction; improvement of work in slum areas; land acquisition and Slum Redevelopment.
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(b) Despite efforts, only a fraction of the housing required for the slum population has been constructed with over 12 lakh units needed, but fewer than 3 lakh units constructed in the past 25 years. Despite the initial intention of the SRA to rehabilitate 800,000 families, progress has been slow as data from the SRA indicates that only a fraction of families have been rehabilitated under the scheme, reflecting a significant gap between the need and the actual rehabilitation outcome.
Ms. Singh has made the following suggestions:-
(i) As stipulated under Section 4 of the Slum Act, all the declared "Slum Areas" must be considered collectively irrespective whether they are or they are not a part of the slum rehabilitation scheme.
Such declared 'Slum Areas' must be considered and reserved exclusively for low-income housing.
(ii) Non-declaration of slum land blocks improvement of living conditions, as no action can be taken until the redevelopment is approved. In areas like Govandi and Mankhurd, in Mumbai, where the real estate prices are low, it would be necessary to incentivize disinterested developers with increased FSI.
(iii) The Slum Act should be implemented to include minimum standards of living conditions through provision of civic amenities i.e. water, electricity, drainage, access to streetlights, sewer lines to be implemented in a time-bound manner, in the interest of the slum dwellers.
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(iv) The slum dwellers be conferred with option of voluntary in-situ rehabilitation by providing two alternatives i.e. redevelopment through a voluntary organisation, or developer or redevelopment through a public authority i.e. SRA or MHADA.
Issue No.II: Identification of Slum Dwellers:-
Ms. Singh would, in this regard refer to the Afzalpurkar Committee Report, which declared the objective of the Slum Rehabilitation Scheme to usher in better health, a cleaner environment, renewed self-respect for people and last but not the least social justice for the downtrodden. There is no independent body entrusted with the task of monitoring, evaluating or reviewing the slum rehabilitation scheme. Thus, an independent body is quintessential to conduct periodic and relevant studies which can be considered by the SRA for implementation. Ms. Singh would make the following suggestions:-
(A) The procedure for conducting the General Body Meeting for the appointment of developer must strictly follow the State Government Resolution dated 4 July 2019.
(B) The eligibility of slum dwellers is to be determined based on the date of survey. Individuals residing after the year 2000 may be considered for housing under alternate schemes such Pradhan Mantri Awas Yojana or Adarsh Colony Scheme to offer housing either at construction cost or through rental basis.Page 59 of 264
P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC (C) Once the scheme is notified, the society is formed and eligibility is determined, the slum dwellers may initiate the process of appointing a developer or undertaking the rehabilitation themselves as per prescribed procedure. The guidelines prescribed under Section 79(A) of the Co-operative Societies Act can be enforced for the redevelopment of slum areas.
(D) The actual FSI plus TDR granted to developer for a slum rehabilitation scheme should be based on some profit capping. FSI of 1.5, for instance, would be adequate for rehabilitation. (E) For redevelopment schemes, in respect of both alternatives i.e. slum areas or low income housing areas should remain under the ownership of a public authority or a community land reserved, exclusively for the purpose of low income housing. If the slum is on private land the ownership ought to be transferred to such public authority.
(F) As suggested in the Afzalpurkar Committee Report a comprehensive review of the Slum Rehabilitation Scheme should be seriously undertaken after 10 years of its formation, to evaluate both physical as well as socio-economic outcomes of the scheme.
Issue V - Transit Accommodation - Project Affected Persons Scheme (PAPs) read with Issue VIII i.e. Miscellaneous Issues.
Ms. Singh in this regard, would refer to clause 3.11 of Regulation 33 (10) Page 60 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC of DCPR - 2034 which deals with Project Affected Persons (PAPs) and essentially permits involuntary relocation of protected slum residents. The PAPs fall under Appendix - IV of DCPR 33(10) of 2034. In the above context, after flagging certain issues concerning the scheme relating to PAPs, Ms. Singh has made the following suggestions:-
(A) For slum areas where in-situ rehabilitation cannot be undertaken due to the site being in an uninhabitable areas or being required for development of essential public infrastructure, the State Government ought to take guidance in preparing a resettlement policy based on World Bank's Operational Directives 4.0. This provides guidelines as to how rehabilitation process can be planned and managed.
(B) The resettlement sites are to be located within the same ward or within two kilometres of the slum area being cleared. The relocation sites may not be situated on polluted land or in immediate proximity to pollution sources that threaten the physical and mental health of the inhabitants.
(C) For the existing PAP tenements, all planning/development authorities ought to submit data on the number of tenements built and allotted thus far, vacant tenements in their possession, location of the tenements, condition of the tenements i.e. usable/unusable, usable after repairs, number of tenements required by each authority for various projects, etc. Such information to be made publicly available and accessible on the Corporation's website.Page 61 of 264
P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC (D) Until residents are transferred to permanent tenements, the MMRDA/Planning Authority to be held responsible for maintaining the building and for providing necessary facilities. In this regard, the URDPFI guidelines should be followed with regard to open spaces, pre-primary and primary schools, health centres and other amenities. The MCGM to take initiatives to redevelop slums located on its own land and construct PAP tenements on the excess land to address the significant shortfall in the availability of PAP tenements. (E) MHADA to play a proactive role in the creation of affordable housing on its land which could be used for creation of rehabilitation homes for current dwellers, as also for affordable housing. Submissions on behalf of Indira Nagar Slum, Prakash Kumbhar and Ekta CHS Association by Mr. Mihir Desai, Senior Advocate:
35. Mr. Desai in the course of his arguments by placing reliance on the affidavits of the above-mentioned parties, followed by detailed written submissions has delved into aspects such as achieving the goal of a Slum-free Mumbai, the dire need to empower the statutory authorities in enforcing the provisions of the Slum Act to meet such objective, issues relating to illegal eviction and demolitions under Sections 33 and 38 of the Slums Act. He has also taken the Court through certain suggestions inter alia touching upon independent monitoring and reviewing of the Slum Act, the reason for not having the SRA to be the sole repository/body undertaking redevelopment works.Page 62 of 264
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36. Mr. Desai, at the threshold, would submit that the core objective behind the Slum Act is the improvement, clearance and redevelopment of slum areas including protection of occupiers from eviction and distress warrants. The 1996 Amendment, based on the Afzalpurkar Committee recommendations introduced Chapter I - A for Slum Rehabilitation Schemes, drifting away from merely declaring slum areas for improvement works so as to help actualize the larger goal of transforming Mumbai into 'Slum Free' city. Mr. Desai would emphasize that lack of affordable housing forces incoming migrant populations into informal settlements causing slums to proliferate faster than their redevelopment. He would then stress upon the legal duty/obligation of the authorities to improve slums. In this context, he has referred to several provisions, inter alia, section 61AA, 61D, 63(a), 354B and 354C of the MCGM Act, 1888, read with section 5A of the Slum Act.
37. Mr. Desai would then make the following suggestions in support of his submissions, which are as follows :-
(a) He would urge that the Apex Grievance Redressal Committee (AGRC) and Grievance Redressal Committee (GRC) are composed of serving bureaucrats who have diverse responsibilities however, due to absence of judicial mind these statutory bodies are not able to function and perform in the manner required to subserve the avowed objective of a slum free city. He refers to the decisions of this Court in Jijabhai Dashrath Page 63 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC Shinde vs. State of Maharashtra20 and Aslam Hasimali Shaikh vs. State of Maharashtra21 wherein this Court expressed shock and displeasure that thousands of cases were pending as the AGRC sat only once a week and also condemned the practice of giving slum dwellers only 7 days notice to vacate, as also the alarming situation of its unavailability for urgent matters, forcing citizens to rush to Constitutional Courts. In this regard, he would submit that the composition of AGRC should be revised to include a retired Judicial Officer of the rank of a District Judge. The jurisdiction over Appeals should be vested in a Single, full-time dedicated Appellate Authority to ensure timely justice, which is the need of the hour.
(b) Suggestions were made regarding following mandatory procedural safeguards before initiation of eviction proceedings under Sections 33 and 38 of the Slum Act. This would include a mechanism to ensure strict compliance with the principles of natural justice. This is to ensure that the eviction notices are properly served to the concerned slum dwellers well in advance and critical documents such as notice register, demolition register should be available upon request, to the slum dwellers.
(c) Mr. Desai would urge that the SRA is already overburdened. In such view of the matter, both MHADA and MCGM on whose
20. Writ Petition (L) No. 5671 of 2024 21 Writ Petition No.5600 of 2019 Page 64 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC land rehabilitation schemes are announced should carry out the slum rehabilitation schemes independently.
(d) Mr. Desai would stress on independent monitoring and periodic review of the Slum Act. This should embrace the aspect of reviewing progress and offer recommendations aimed at achieving good quality, affordable and accessible housing to all income groups by a body of independent and interdisciplinary group of individuals tasked with such functions.
(e) Lastly, he would refer to the judgment of this Court in Lokhandwala Infrastructure Pvt. Ltd. vs. State of Maharashtra 22. This is to emphasize that the Court held that the execution of the Slum Rehabilitation Scheme is inherently laden with a public character. The authorities exercising power under the Slum Act ought to ensure that the scheme is not misused and is utilized to subserve public purposes which is not trammeled by private contractual arrangements/agreements.
Submissions on behalf of Nivara Hakk Suraksha Samiti - Intervenor:- (Mr. Navroz Seervai, Senior Advocate
38. Nivara Hakk Suraksha Samiti" is stated to be a public charitable trust registered under the Bombay Public Trust Act, 1950, which is stated to be an organization founded in 1981that stands for people's right to housing and right to a life and dignity.
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39. Mr. Seervai has addressed the Court, more particularly, on the specific issue of apportionment of slum land between the "redevelopment area" and the "sale area". In such context, Mr. Seervai has taken us through the various issues related to such apportionment, along with the adverse health, social and environmental impact of the rehab buildings on their occupants. He has also focused on the conditions prevailing in such buildings, poor environmental conditions, poor maintenance, lack of amenities and fire safety as well as the need for open spaces for holistic developments of such rehab buildings, and suggested proposed measures which would assist in mitigating such problems and arriving at a feasible solution.
40. Mr. Seervai would at the threshold submit that 50% of the city's population i.e. about 7 million people live in congested slums which occupy 14% of the total developable area of 268 sq. kilometres. Under the slum rehabilitation schemes led by builders/developers the slum dwellers are rehabilitated in 1/4th to 1/3rd of the land area (constituting 5% of the city's developable land area), thereby increasing the congestion to three-fold. Also, the density of the buildings has serious human and environmental consequences. The balance 3/4th to 2/3rd land area is capitalized for high cost real estate development, turning the scheme to a slum land grab game, the rehabilitation of the slum dwellers being incidental.
41. Mr. Seervai would refer to paragraph 34 of the decision of Supreme Court in Yash Developers(supra) to submit that the arbitrary trend of land apportionment, in the absence of policy guidelines by the SRA is the root cause of a host of problems. In most instances, the land apportionment for rehab and Page 66 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC sale is on a 1:4 to 1:3 basis whereas, the FSI share as per the policy is equal i.e. 1:1 in the city area and 1:0.75 in the suburbs for rehab and sale components. As a result, the tenement and population density for rehab and sales is 3:1. Slum on an average have tenement density of 300-350 tenements per hectare (based on population as per 2011 census). This figure is arrived at on the basis of slum occupied land in Mumbai being 3000 hectares and having a population of approximately 50 lakh i.e. 10 lakh slum tenements, thereby making the slums overcrowded and congested.
42. Typically, in SRA projects, the rehab buildings are segregated on 25% to 30% of the total slum land. The remaining 75% to 70% of the slum land is apportioned towards the free sale component. Since the prevailing tenement density in rehab areas is on an average 1200 to 1300 tenements per hectare, the density of population inhabiting such tenements would be 6000 to 6500 persons per hectare. According to Mr. Seervai, such a situation has occurred inter alia, because there are no statutory regulations for apportionment of land between rehab areas and the free sale component and there is no prescribed maximum tenement density for rehab buildings in slum projects.
43. Mr. Seervai would next submit that since a much smaller land area than what would ordinarily be required is apportioned to rehab buildings, it would result in the following:-
(a) Rehabilitation buildings are constructed as high rise towers sometimes having 15-20-30 storeys. Because of the large Page 67 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC number of tenements these buildings have a very high tenement density leading to overcrowding.
(b) There is a mere paltry 6 metre distance prescribed between two rehab buildings. Moreover, even thereafter, developers are given concessions and relaxations in relation to open spaces that are provided for rehab buildings.
(c) Barely any open spaces are provided to rehab buildings which do not comply with the minimum requirements stipulated by the DCPR 2034 for other non-SRA buildings in the city.
Hence, the manner in which the rehab buildings are planned, designed and then constructed has caused significant misery forcing the slum dwellers being tightly packed in a virtually uninhabitable manner, in the smallest possible section - in about 25% to 30% of the land area that they occupied prior to the implementation of the project.
44. Mr. Seervai has painstakingly urged the adverse health conditions of the occupants in the rehab buildings; relying on a research paper published online dated 16 March 2020 where scholars have in a systematic manner explained the nexus between the poor planning of the rehab buildings in slum projects and the burden of tuberculosis faced by the occupants of these buildings. The study was undertaken on the basis of a survey conducted in respect of three resettlement colonies i.e. (Lallubhai Compound, Natwar Parekh Compound and PMG Colony, Mumbai). The research paper is entitled "Association between Page 68 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC architectural parameters and burden of tuberculosis in three resettlement colonies of M-East Ward, Mumbai"23. This delves into the issue of land apportionment as it links the various medical and health problems faced by the occupants of the rehab buildings in slum project to lack of natural ventilation and light.
45. Mr. Seervai has elaborated on the precarious condition of women residing in the slums. He would submit that the utter lack of privacy in rehab building puts women at high risk from abuse. Poorly lit and maintained common passages and staircases in rehab buildings, where lifts do not often work, contribute to women being unsafe and insecure, leading to serious privacy issues for the women.
46. Mr. Seervai would then refer to the poor environmental conditions, more particularly, lack of ventilation/air circulation. This contributes to a difficult and unhealthy environment for the occupants of rehabs buildings. He would then refer to the aspect of the poor maintenance of such rehab buildings. In this context, he would illustratively state that a deposit of Rs.20,000/- per family (now raised to Rs.40,000/- per family) made by the developer to the SRA, which is transferred to the rehab society is wholly inadequate for the high maintenance overheads, making it difficult for the occupants, especially the aged and handicapped to reach their homes on upper floors.
47. Mr. Seervai has highlighted that small rehabilitation areas having a high population density, ought to have access to amenities such as markets,
23. Pardeshi, P., Jadhav, B., Singh, R., Kapoor, N., Bardhan, R., Jana, A., ... Roy, N. (2020). Association between architectural parameters and burden of tuberculosis in three resettlement colonies of M-East Ward, Mumbai, India. Cities & Health, 4(3), 303-320. https://doi.org/10.1080/ Page 69 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC playgrounds, etc. which are completely missing. In fact, even in instances where there are plans for such amenities, the same are not provided and instead such spaces are infested with hawkers. It is because of the relaxation on requirements of minimum open spaces that the occupants, specially children, who grow up in such rehab buildings are deprived of the basic minimum space for their social development.
48. Mr. Seervai then flags the issue of lack of fire safety, much less no fire safety in the rehab buildings, which are constructed in a manner that makes it impossible for a fire engine to enter in case of a fire. He has relied on some photographs in this regard. This issue, as Mr. Seervai would submit is directly linked with skewed land apportionment which requires urgent attention in the context of a performance audit.
49. Mr. Seervai would submit that the root cause behind the problem of unscientific and inequitable apportionment of slum land between rehab and free sale area is attributable to the ambiguity and lack of clarity in the extant statutory framework. In this regard, he would refer to Regulation 3.12(A) of Regulation 33(10) of DCPR 2034 which prescribes a minimum tenement density of 650 tenements per net hectare. According to Mr. Seervai, there is ex-facie discrimination in the Regulations considering that Regulation 30 prescribes a maximum tenement density of 450 per hectare where the FSI is 1. The real outcome of the DCPR 2034 does not stipulate any maximum tenement density, which has led to rehab buildings having unacceptable high tenement density in Page 70 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC the range of 1200 to 1300 and above. Further, referring to Sub-regulations 3.14 to 3.16 of Regulation 33(10) read with Sub-sections (4) and (5) of Section 15A of the Slum Act. Mr. Seervai would submit that it is the conscious legislative omission to not prescribe any criteria for the basis of apportionment which has led to discriminatory apportionment of slum land to the free sale area and consequent deprivation of the rehab area. Mr. Seervai, in the context of Regulation 33(10), Sub-regulation (6) has highlighted on various relaxations prescribed in relation to construction of buildings and other requirements in the rehab area, which augments the problem in this regard. Thus, he would submit that the net effect of the present statutory regime brings with it unsustainable consequence of there being no FSI limit for rehab components/ buildings which is in the teeth of the provisions of the MRTP Act read with the DCPR 2034, as also Article 21 of the Constitution of India.
50. In the above backdrop, Mr. Seervai has made the following suggestions:-
(a) Firstly, there ought to be a maximum density cap as opposed to a minimum as provided under the extant statutory framework. It is proposed that a maximum density for rehab be fixed at 600 tenements per hectare. This would be consistent with the maximum density of 450 t/ha as specified in the DCPR 2034 for general housing projects.
(b) As regards the inadequate amenities/lack of basic amenities in the rehab areas, it is proposed that the standards specified in the DCPR 2034 and Town Planning Schemes, based on Page 71 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC development area in population, for any other development be implemented in slum redevelopment projects.
(c) The Slums TDR also ought to be utilized in slum redevelopment contrary to the prevalent practice of utilizing it in any other project. It is proposed that TDR sale and purchase be restricted for use in other slum redevelopment projects to maintain uniform density across various slum pockets that are currently unequal. There is a suggestion that the SRA could operate a Slum TDR Bank for ease of TDR encashment, sale and regulate its pricing.
(d) It is proposed that the practice of concessions and premiums granted under the discretionary power of the CEO- SRA should be immediately stopped, so as to facilitate in alienating the vexed issue of apportionment, as discussed above.
Submissions on behalf of NGO Alliance for Governance and Renewal (NAGAR) in IA(L) 28730/2024 (Ms. Gulnar Mistry, Advocate)
51. The Applicant is a society registered under the Societies Registration Act, 1860 and a public charitable trust under the Maharashtra Public Trust Act, 1950, established in the year 2000. It is stated to be working in the areas of preservation of public open spaces, solid waste management, improvement in air quality, preservation of water bodies, beaches, mangroves, built and natural heritage features, efficient road space management, and water conservation. Page 72 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC
52. Ms. Gulnar Mistry, on behalf of these Applicants, would rely on I. A. No. 2409 of 2025 to support the applicant's case. She has made suggestions pertaining to the first of the seven issues flagged by the Supreme Court in paragraph 34 of its judgment in Yash Developers (Supra). The first issue brought forth by the Supreme Court is "i) Identification and declaration of land as a slum. This problem involves an examination of the role of authorities in giving such recognition, insidious intervention of builders in the said process casts doubts on the independence and integrity in the decision-making process;".
53. Ms. Mistry, addressing the Court on issues pertaining to identification of slums on open spaces would submit that slums have encroached upon open spaces and, under the existing policy, in situ rehabilitation of such slums areas is being undertaken. The current process for identifying slums does not distinguish between slums on regular land and those encroaching on reserved public open spaces. Ms. Mistry further submits that this failure exacerbates overcrowding at the local level and in the city at large, because areas that are designated for recreational use are diverted and no longer remain available, including to slum dwellers who live in cramped quarters and for whom this civic amenity is even more important.
54. Ms. Mistry would urge that open space reservations are seen as essential public amenities, and can neither be encroached upon nor diverted for other uses. She places reliance on the law laid down by the Supreme Court in Olga Tellis v. Page 73 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC Bombay Municipal Corporation24, (para 57 page 589), MCGM V. Hiraman Deorukhar & Ors.25 (para 7 to 9, 12 at page 419- 420) to affirm the same.
55. Ms. Mistry further places reliance on the observations of the Supreme Court in Lal Bahadur Vs. State of Uttar Pradesh & Ors 26, (para's 14-16 at pages 415 to 417, para's 24, 26 at page 427) wherein, it was held that altering the use of green belts for residential use violates the public trust doctrine and Bangalore Medical Trust Vs. B.S. Mudappa & Ors. 27 (para 24 page 75) which held that open spaces for recreation are amenities of great public concern and vital interest to be preserved in a development scheme.
56. Ms. Mistry would further draw the Court's attention to this Court's decision in NAGAR Vs. State of Maharashtra28, which observes that the Court is deeply aware of the serious shortage of open spaces in the city of Mumbai, as the data presented, sourced from official surveys and civic reports clearly demonstrates. Ms. Mistry further states that the per capita open space available in Mumbai is much lower than international and even national planning standards, and highlights that 35% open space is a minimum requirement, not an average or flexible figure and observes that if any project manages to retain more than 35% through better planning, it should be appreciated and encouraged.
24. (1985)3 SCC 545
25. (2019)14 SCC 411
26. (2018) 15 SCC 407
27. 1991 4 SCC 54 28 (Writ Petition No. 1152 of 2002) Page 74 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC
57. Ms. Mistry further highlights that through this Court's decision in NAGAR V. State of Maharashtra (supra) that the State Government has been directed to undertake a "comprehensive policy review" of Regulation 17 (3)(D) (2) within a period of 24 months, including an evaluation of whether the 35:65 ratio serves the goal of sustainable development. Additionally, it has been directed that if necessary, the state shall frame revised regulations ensuring a higher retention of open space, enhanced civic safeguards and exclusion of fresh encroachments from rehabilitation benefits.
58. In the above backdrop, Ms. Mistry has made the following two-fold suggestions:-
(a) Allowing the amalgamation of slum rehab projects on open lands with other slum schemes in the same ward which are not on open spaces, and allow the utilization of FSI/ TDR from the area of open space designation with the view of incentivizing the clearing and maintenance of open spaces by all;
(b) To treat public open spaces on par with vital public projects under clauses 1.3- 1.4 and 3.11 of DCR 33 (10).
59. Ms. Mistry further underscores that SRA has suggested that it is considering a "cluster redevelopment approach" to slums as measure to free up amenity space by shifting a slum on one plot onto another plot and undertaking a joint/cluster redevelopment. This would further safeguard the amount of open or designated reservations to which such a cluster redevelopment scheme applied Page 75 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC would be retained as is and not be reduced and the open space should be preserved and retained in a continuous manner, so as to allow for larger public open spaces.
60. Ms. Mistry further highlights that slum rehabilitation projects have been implemented without reducing open spaces, she refers to a time when this Court had stayed a 1992 notification that allowed 67% of land for rehabilitation and sale while retaining 33% for open spaces. Around 45 Acres of open spaces were preserved by adjusting adjoining lands. However, the measure was limited to contiguous plots, restricting its wider application.
61. In the above backdrop, Ms. Mistry would suggest on prioritizing public spaces on par with public projects and providing incentives for clearing and maintaining open spaces via different methods like amalgamation of slum rehab projects on open lands with other slum schemes.
Submissions on behalf of Mr. Vinay Hule and Mr. Ramesh Makhija in IA(L)/28730 of 2024 (Mr. Akash Rebello, Advocate)
62. Mr. Akash Rebello, learned counsel for the above Applicant/Intervenor in the course of his submissions has placed reliance on the affidavit filed by these applicants which states that the Applicants i.e. Mr. Hule is a member of one Om Siddhivinayak (SRA) CHS and is a slum dweller, whereas the other Applicant Mr. Makhija, is the owner of a factory premises which has been designated as a slum area.
63. Mr. Rebello on behalf of these Applicants has advanced contentions along with suggestions on four main issues viz. :-
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(i) Identification of slum dwellers;
(ii) Selection of developers;
(iii) Provisions relating to transit rent;
iv) Effectiveness of statutory remedies;
64. On the first and second issues, Mr. Rebello would submit that they are closely intertwined and interconnected. The identification of slum dwellers and the appointment of the developer is the first step in the rehabilitation process. Accordingly, if the slum dwellers who are beneficiaries of the scheme are not properly identified, it would lead to various challenges and protracted litigation which would in turn affect the entire slum rehabilitation scheme. In this context, Mr. Rebello would refer to the judgment of this Court in Awdesh Tiwari and Ors. vs. Chief Executive Officer, SRA and Ors .29. This is to submit that this Court in the said decision observed that the unregulated process particularly when there are instances of overlapping slum schemes, which are rival societies, leads to unhealthy competition by rival developers, which often results in delay to the scheme.
65. Mr. Rebello would submit that there are circulars of 15 February 2008, 02 February 2015 and 23 April 2024 which apply after the appointment of a developer and at the stage of acceptance of the slum rehabilitation scheme. However, for the first stage of appointment of a developer by the slum dwellers there is no circular or process to regulate the same.
66. Addressing the above issues, Mr. Rebello would submit that the SRA ought to devise a mechanism to regulate the process and get involved much prior 29 2006(4) Mh.L.J. 282 Page 77 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC to the submission of the proposal by the developer so as to mitigate the challenges referred to above.
67. Mr. Rebello addressing the Court on the provisions relating to transit rent would submit that the circulars of the SRA have, to a large extent, dealt with the issue of non-payment of transit rent. However, experience reveals that SRA has passed orders refusing to compute such transit rent, which have more often than not been set aside by the High Court. This leads to an anomalous situation where, even at the interim stage, there is a long drawn process to determine what the transit rent is. Often it involves appeals and compels the slum dwellers to run from pillar to post to get such rent even after vacating their premises.
68. It is urged in such context, that while the slum dweller and the developer may be free to agree upon a higher rent, at the very least, the basic rent must be ascertained/fixed. This would avoid a situation where disputes arise as to the quantum of such rent payable to a slum dweller which is prolonged and not decided over long period of time. However, if a base rent is fixed, at least that amount can be paid to the slum dweller pending final adjudication.
69. On the issue of effectiveness of statutory remedies, Mr. Rebello has referred to the decision of this Court in Tulsiwadi Navnirman CHS vs. State of Maharashtra30. The Court in the said case observed that in a situation where disputes of a technical nature could be sorted out and disposed of before the 30 2007 SCC OnLine Bom 1000 Page 78 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC Committee, which would lessen the burden on the High Courts in exercise of their jurisdiction. In this regard, Mr. Rebello would strenuously urge that it is the absence of a legal mind on the part of the AGRC that leads to remand of its orders, ultimately causing inordinate delay.
70. Mr. Rebello would in the above backdrop suggest that to ensure transparency in the process, it would be just and expedient that the AGRC is chaired by a retired High Court Judge. This would reduce the burden of this Court in deciding matters and examining the issue of application of mind by the AGRC, when petitions are filed in this Court, challenging such decisions. Submissions on behalf of Late Mr. Shirish Patel, Urban Planner: (Mr. Shiraz Rustomjee , Senior Advocate)
71. Mr. Shiraz Rustomjee learned Senior Counsel, has represented this Applicant who passed away during the pendency of this proceeding on 20 December, 2024. He is now represented by Justice Gautam Patel (Retd.). His son and one of the legal heir have sought to intervene on his behalf, vide IA dated 28 January 2025. The late applicant was a public-spirited person, having a distinguished and exemplary record of working in the areas of urban planning, public spaces, and housing including having personally designed the Kemp's Corner Flyover in Mumbai in 1965. The applicant is desirous of placing before this Court his views and suggestions to assist in its endeavour to review the working and effectiveness of the Slum Act.
72. Mr. Rustomjee, at the very outset, would refer to the decision of the Page 79 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC Supreme Court in Yash Developers (supra) dated 30 July 2024 and more particularly paragraphs 32 to 42 thereof, wherein the Supreme Court has made observations regarding the issues in the working of the Slum Act and the need for "reviewing" the Slum Act to identify the cause of the problems indicated inter alia in paragraph 34. The said para reads thus :-
"34. The exasperation of the High Court about working of the Act is understandable. The present appeal is a classic example of why the High Court's concern is genuine. It has been noticed that the statutory scheme is problematic with respect to: i) Identification and declaration of land as a slum. This problem involves an examination of the role of authorities in giving such recognition, insidious intervention of builders in the said process cast doubts on the independence and integrity in the decision-making process; ii) Identification of slum dwellers: This involves a complicated process of proof of such a status, the attendant problem of groupism, giving rise to competing claims inevitably leading to litigation; iii) Selection of a developer: The Act leaves this decision to the cooperative society of slum dwellers and the majority decision is manipulated by competing and rival developers; iv) Apportionment of the slum land between redevelopment area and sale area: This is yet another area where court has witnessed developers seeking to increase the proportion of the sale area, leading to contestation; v) Obligation to provide transit accommodation for the slum dwellers pending redevelopment: Invariably, we see instances where the developer does not provide transit accommodation within time or provides an inadequate alternative in the form of a quantified amount towards rent, On the other hand, there are instances where some slum dwellers refuse to vacate the premises on the ground that the transit accommodation is either inconvenient or the amount offered is insufficient; vi) There are also issues of lack of independence and objectivity in the functioning of statutory authorities: This is a matter of serious concern. Courts have witnesses that the authorities have no independence and, their tenure is also short. Additionally, the functioning of these statutory authorities gives an indication that there could be a regulatory capture; vii) Another concern which exists is about the effectiveness of statutory remedies: Statutory remedies are ineffective and at the same time, lacking in accountability and vii) Judicial review proceedings under Art. 226 cannot be a long-term solution: We have given details of the number of writ petitions pending before the High Court in Para 33 ."
73. In the above backdrop, Mr. Rustomjee has made the following suggestions:-
(i) The primary step should be to disregard the notion that a poor family should be provided with "free housing" as it lives in an urban area, highlighting that everyone should pay for their own house, construction Page 80 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:44 ::: SMWP1_2024.DOC cost. Hence, subsidies, housing loans may be made available for the same.
Furthermore, for families who cannot afford EMIs for the construction cost, housing should be provided on "leave and licence" basis by the SRA.
(ii) Mr. Rustomjee would refer to the Afzulpurkar Report, wherein he would stress upon the importance of availability of finance at economical rates which would include viable schemes for facilitating alternate housing in favour of notified slum dwellers. He would in this context highlight the importance of this constitutional imperative, which is imminent so as to address the issues under the Slum Act, as far as rehabilitation of the slum dwellers is concerned.
(iii) The ownership of land must be separated from ownership of the structure standing on it. On selling his premises, the occupant may recover his cost of construction and the same should be done at the prevailing market rates, less any appropriate amount for the deterioration of the construction. The occupant should not be allowed to claim any appreciation of the land value, emphasizing that owner of the structure should be permitted to sell it only to owner of the land, as the appreciation belongs to the owner of the land. This should be done at prevailing construction cost less adjustment for deterioration.
(iv) The government should part ways with the idea of monetizing the value of the land that has been kept aside for the sale component. Instead, such land should be used to provide the rehab building with proper light and ventilation, and amenities such as health-care clinics, public toilets, Page 81 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:45 ::: SMWP1_2024.DOC pocket parks, etc., that are accessible within a walking distance.
(v) Where the land is owned by the government, such ownership be transferred to a Community Land Reserve (CLR) which is similar to Forest Reserves and Wildlife Reserves, where land is reserved for specific purpose. The said CLRs will be required to keep their land for exclusive use for low-income housing, barring sale of such land and any charge for its use must not exceed maintenance costs. The CLRs should be non- profit companies under the Section 8 of the Companies Act, 2013 and the hallmark of these should be that of achieving the utmost transparency, with the specified style of management, as set out in their Memoranda and Articles of Association.
(vi) The National Building Code, 2016, (NBC 2016) (Part 3, Section C-2.4.2) specifies 500 dwelling units per hectare (du/ha) as the maximum density on a plot for 15 sq. metre apartments in four storey walk-ups. The NBC 2016 does not specify which amenities have to be within a walking distance of the 500 du/ha as an essential aspect of the housing construction.
(vii) The essential amenities to be provided on site must be first defined for the size of the population to be rehabilitated on that site and under no account should the same be compromised. Adequate natural light and ventilation, particularly to the lower floors, and the space between buildings for facades that have windows shall not be compromised. In this regard, NBC 2016 (Part 3, Section 8) which provides for clear guidelines, Page 82 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:45 ::: SMWP1_2024.DOC must be adhered to.
(viii) If the conditions spelt out above in regard to adequate social amenities, density, light and ventilation are not feasible, then in such case some families shall be relocated to adjacent vacant land or in neighboring redevelopment sites that are less over-crowded.
74. Mr. Rustomjee underscores the importance of quality construction lasting more than 100 years, stating that regardless of the hurdles/ obstacles and the pressures, acceptable living conditions should not be compromised at any cost. In this context, he would lay emphasis on the fundamental rights guaranteed under Article 21 of the Constitution.
Submissions on behalf of Nagardas Dharsi Bhuta Charities (land owner) (Mr. Rajiv Kumar, Senior Advocate)
75. Mr. Rajiv Kumar, learned Senior Counsel has represented the applicants. Reliance is placed on the Affidavit of one Mr. Kamlesh Jaysukhlal Bhuta.
76. At the outset, Mr. Rajiv Kumar would state that the Applicant is a trust having ownership of land which is notified as a slum area. The applicant-Trust had filed proposals/ schemes to develop and rehabilitate its land hence this applicant is aware of the functions and challenges that crop up in relation to redevelopment of slums.
77. Mr. Rajiv Kumar, at the outset would referring to the judgment dated 20th September 2024, of the Supreme Court in Yash Developers (Supra) and highlight the issues framed therein, as also to the decision(s) of a co-ordinate Page 83 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:45 ::: SMWP1_2024.DOC bench of this court in Indian Cork Mills (supra) and Bishop John Rodrigues vs. State of Maharashtra (supra) to submit that the Court has recognised a preferential right is conferred on the owner to undertake redevelopment under the provisions of Section 3B (4)(e) and Section 13(1) and (2) of the Slum Act. His contentions is to the effect that while recognising such right it must be given realistic effect to enable a landowner to develop its own land in a bona fide manner, in interest of all stakeholders.
78. Mr. Rajiv Kumar, outlines the process of redevelopment to be followed by a landowner upon the land being declared as a slum rehabilitation area under Section 3(C)(1) of the Slums Act. His concern is that after spending atleast 6 to 12 months and incurring large scale expenses, the landowner is expected to get consent of 51% of slum dwellers. In such context, it is submitted that, the landowner is exposed to unforeseen obstacles such as: slum dwellers begin to assert rights superior to those of the actual landowners by forming proposed co- operative housing societies and appointing their own developers to seek approval for redevelopment under the Slum Rehabilitation Scheme. These societies are often influenced or supported by undisclosed third parties who later emerge as developers. As a result, genuine landowners frequently find themselves entangled in frivolous and vexatious litigation initiated by slum dwellers or such hidden agencies. Consequently, despite having invested substantial time and money, landowners may ultimately find their proposals rejected at the Letter of Intent (LOI) stage.
79. Mr. Rajiv Kumar further highlights that in the situations as described Page 84 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:45 ::: SMWP1_2024.DOC above, there have been large scale encroachments on private lands, followed by long drawn litigation, which ultimately leads to the failure of Slum Rehabilitation Schemes. As per the Slum Rehabilitation Authority's (SRA) slum cluster list of 2015, up to 35,67,12,299 sq. ft. of land in Mumbai is slum encroached as per reports available on the internet, 15,76,87,200 sq. ft. of this is private land.
80. Mr. Rajiv Kumar expresses concern with regard to circular No. 144 dated 31st August 2013, Circular No. 144A dated 9 th November 2015, and Section 13(1) of the Slum Act. He submits that it is the consent of slum dwellers which acts as a stumbling block to several SRA projects.
81. Mr. Kumar would urge that upon the SRA declaring a particular property as a slum under Section 3 (C)(1), the landowner is given an opportunity to justify why the said land ought not to be acquired. In responding to any acquisition notice, the landowner may show his inclination to rehabilitate and redevelop the said property. However, the land owner is not kept informed about any decision that the SRA and/or the State Government takes on such hearing/cause shown by the owners of the land. It is only when the notice is published that the landowner becomes aware that the land has been acquired. There is an absence of transparency in the manner in which the acquisition process is undertaken, which leads to further litigation and delays the process of redevelopment of slums properties.
82. Mr. Rajiv Kumar underscores that the Slum Act is a beneficial legislation with provisions meant to ameliorate the poor condition of slum dwellers, who Page 85 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:45 ::: SMWP1_2024.DOC should not be jettisoned only on technical grounds or procedural infirmities. These should not be given undue importance once the Statutory Authorities have performed their task. He further submits that the Slum Act is used as a land grabbing tool by third party developers at the behest of societies, which ought to be stopped/ nipped in the bud.
Submissions on behalf of Skycon Infrastructure, Private Landowner (Mr. Kirti Munshi, Senior Advocate)
83. Mr. Kirti Munshi, learned Senior Counsel, has appeared on behalf of Skycon Infrastructure, private landowner. He has placed reliance on the contentions of the applicant as raised in the affidavit dated 18 September 2024.
84. Mr. Munshi at the outset submits the issue of the compensation received by private slum owners for their private land being acquired is inexplicably low. He has drawn the Court's attention to the statutory provisions and the First Schedule of the Slum Act that governs the procedure for the computation of compensation payable to private land owners. It is submitted that there is no uniformity between the compensation which is payable under various statues wherein the private landowner is deprived of his land for a public purpose and the compensation payable under the Slum Act is not commensurate with the other acts, but in fact substantially lower than even the compensation which is awarded under other acts to private landowners for being deprived of their private land.
85. To highlight such aspects, Mr. Munshi has presented before the court computation of compensation under other acts, such as Right to Fair Page 86 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:45 ::: SMWP1_2024.DOC compensation Act, 2013, National Highways Act, 1956, Maharashtra Regional Towns Planning Act, 1966, Development Control Promotion Regulation (DCPR) 2034 Mumbai, Unified Development Control Promotion Regulation (UDCPR), 2020, Maharashtra Industrial Development Corporation, 1961, Maharashtra Housing Area Development Act, 1976. Mr. Munshi then would emphasize that the new legislations are either guided by the principles of Right to Fair Compensation Act, 2013, which contemplates market value or comparable sales instances or the new DCPR 2034 and the UDPCR 2020 which contemplate compensating the landowner in the form of incentives which if monetized would be of greater value than even what would be awarded to a landowner under the Right to Fair Compensation Act, 2013.
86. Mr. Munshi places a hypothetical illustration of a comparative calculation of compensation on the basis of various statutory provisions noted above in respect of the above landowner's plot of land, in order to illustratively demonstrate the disparity in compensation which would have been awarded in respect of his plot under the various acts mentioned above. After perusing the above comparative chart, the compensation awarded under the Slum Act is found to be abysmally lower than the compensation awarded to the landowner for the same plot if the land was acquired under other acts.
87. Thus, Mr. Munshi submits that not awarding the private landowner a realistic compensation, would amount to penalizing the private landowners for the inability and lack of will on the part of the state machinery to protect private land from being unauthorizedly encroached or the inability to remove such Page 87 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:45 ::: SMWP1_2024.DOC encroachments.
88. Mr. Munshi has referred to the Circular No. 167 dated 30 th December, 2015, which mandates that once certified Annexure - II is received and 70% consent of eligible slum dwellers is verified and granted to the developer/society, the scheme shall not be stopped due to pending litigation over title or development rights unless specific injunction is issued by a competent court of law. It is submitted that individuals approach Civil Courts or other authorities to obtain interim or ad-interim orders staying Slum Rehabilitation Scheme (SRS) implementation and certain plaints ingeniously drafted to set up a case of fraud of some nature to invoke the assistance of these for a to delay the implementation of the SRS.
89. Mr. Munshi would urge on the issue of interference by the Civil Courts despite statutory provisions creating a bar/ouster of jurisdiction under Section 42 of the Slum Act as well the Section 149 of the MRTP Act, where the Civil Courts are debarred from exercising jurisdiction in respect of matters mentioned therein. It is observed that despite the bar/ouster of jurisdiction of the Civil Courts in respect of a certain category of disputes, there is interference by the Civil Courts in various slum redevelopment projects which has resulted in inordinate delays being caused for the implementation of these projects.
90. In the aforesaid context, reliance is placed on a decision of this Court in M/S Patel Construction v. Himasnhu Dwarkadas Ruparelia and others 31 (First
31. 2025 SCC OnLine Bom 2175 Page 88 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:45 ::: SMWP1_2024.DOC Appeal No. 27 of 2014 by a unreported judgment dated 7 th May 2025), wherein a private landowner's 2005 Slum Rehabilitation Scheme was stalled for more than seventeen years by Civil Court's injunction. Despite no fraud, the status quo orders persisted, thereby highlighting the plight of the private landowners which is occasioned by due to a lackadaisical adherence to the mandate of Section 42 of the Slum Act and Section 149 of MRTP Act.
91. Mr. Munshi, further submits that there is now judicial recognition of the preferential right which a landowner has to redevelop his own property in the scheme of the Slum Act. He submits that this position has been given due recognition in the judgment of a Division Bench of this Court in the case of Indian Cork Mills (supra) and subsequently Bishop John Rodriques v. State of Maharashtra (Supra). Both the said decisions have been now upheld by the Supreme Court vide judgments dated 22 August 2025, respectively.
92. Mr. Munshi urges that in order to avoid any conflict in the smooth functioning of the redevelopment in respect of private lands, it is necessary to clarify that since the preferential right of the private landowner to redevelop his own property has legal sanction, that, ispo facto, would entail curtailing of rights which the society of slum dwellers or occupants presently exercise.
93. Further, Mr. Munshi places reliance on the Application of late Intervenor/Applicant, Mr. Shirish Patel, to endorses twofold reform:
(i) To separate ownership of land from structure, limiting occupants to possession rights only and the owner should be permitted to sell the Page 89 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:45 ::: SMWP1_2024.DOC structure only to the owner of the land at prevailing construction cost less adjustment for deterioration.
(ii) On selling one's premises, the occupant may recover only his cost of construction at prevailing market rates less any appropriate amount for deterioration of the construction.
94. In order to curb the above issues, Mr. Munshi makes the following two fold suggestion:
(i) There should be clear and explicit, succinct guidelines either to be notified by the SRA/ State or the Court in terms of a judicial pronouncement, in order to act as an impediment to the smooth implementation of Slum Rehab Schemes and should be followed by all Courts and fora in the State of Maharashtra.
(ii) In a genuine case, if the Civil court or any fora under the Slum Act does grant an injunction order, then there must be a provision whereby there is finality accorded to that interim order within a specified stipulated period which cannot be extended, so that any such actions which are filed merely with a view to procrastinate do not achieve the objective of delaying the implementation of Slum Rehab Schemes for unduly long.
(iii) That the body/society of slum dwellers/occupants should not have a say in the appointment of a developer, if the private landowner is desirous of undertaking the redevelopment of his own land by himself, either, directly or indirectly.Page 90 of 264
P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:45 ::: SMWP1_2024.DOC Submissions on behalf of NAREDCO West Foundation (Dr. Milind Sathe)
95. Dr. Milind Sathe, learned Senior Counsel and Mr. Khandeparkar, learned Counsel have advanced submissions on behalf of NAREDCO West Foundation, which is stated to be an apex national body for the real estate industry.
96. The learned counsel have, at the outset, highlighted the problems and issues faced by the developers who are forced to pay retrospective rents to newly eligible occupants, adversely impacting the cash flow of the project. It is because of the delay in deciding the eligibility that becomes a ground for opposing eviction by the slum dwellers, thereby causing delay in implementation of the project. In this context, they would urge that such problems are further aggravated at the level of the AGRC which is not able to hold regular sittings causing significant delays. There are no timelines for certifying the eligibility of slum dwellers or deciding appeals, which adds to the delay. The learned counsel have relied on the affidavit filed by NAREDCO West Foundation and have made the following suggestions:-
(i) The SRA should entrust development projects to the developers depending upon their past experience as well as success in implementation of projects of similar size. Some basic criteria ought to be formulated to bid for slum scheme depending upon the size of the slum, built up area, project cost and density in terms of clause 3.1.2 (a) of the DCPR.
(ii) Only such developers ought to be selected to be permitted who have Page 91 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:45 ::: SMWP1_2024.DOC completed such projects of similar scale and minimum net worth of the developer also to be duly considered.
(iii) There should be no further extension in the cut-off for the eligibility of slum dwellers over and above that which is statutorily provided.
(iv) SRA ought to adopt a digitized platform like that of MCGM for sanctioning proposals for redevelopment including establishing procedure for a single window clearance.
(v) With regard to the vexed issue of apportionment of slum land between rehabilitation area and sale area, there is no statutory formula or percentage stipulated for bifurcation of land and area between the rehab and sale area under the Slum Act. Any fixed ratio of apportionment will create inflexibility in making the slum rehabilitation scheme further unviable. To overcome this and the situations where the developer has to provide buildable reservations and shifting of reservations under Regulation 17(3)(d) of the DCPR 2034 read with regulation 9 of the DCPR, freedom of planning is the need of the hour to ensure smooth implementation of slum projects.
(vi) Notice under Section 13(1) of the Slum Act must be issued within a prescribed timeline for the landowners to act within such time frame, failing which acquisition proceedings can be initiated against the landowners who is causing hurdles against implementation of the slum schemes.
(vii) Certification of Annexure - II ought to be completed by the Page 92 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:45 ::: SMWP1_2024.DOC competent authority in a time-bound manner.
(viii) Appeals under Section 35 of the Slum Act should be decided in a time-bound manner. SRA must endeavour to implement eviction/demolition within three months from passing an order under Section 33 and 38 of the Slum Act.
(i) A comprehensive policy may be formulated between the Central Government and the State Government in areas declared as slums or slum rehabilitation area, along with SOPs in the context of grant of consent by the State Government and its instrumentalities under clause 2.8 of Regulation 33(10) of DCPR 2034. This provides for NOC for building permission within 60 days after intimation of such approval to the project is communicated by the instrumentality of the State Government such as MCGM or MHADA.
Submissions on behalf of CREDAI-MCHI (Mr. Shardul Singh, Advocate)
97. Mr. Shardul Singh appearing for CREDAI-MCHI (Confederation of Real Estate Developers Association of India - Mumbai) has addressed the Court on the following aspects by placing reliance on an affidavit dated 30 September 2024 submitted by CREDAI-MCHI and made certain suggestions which are summarized as under:-
Mr. Singh would submit that eligibility disputes are one of the largest causes of delay. This is because Annexure - II is issued after prolonged scrutiny, is amended repeatedly, and is often misused. Ghost entries and multiple entitlements persist due to absence of cross verification. In this regard Mr. Singh Page 93 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:45 ::: SMWP1_2024.DOC would urge that Annexure - II should be issued only by SRA Deputy Collectors using the GIS/biometric Auto Annexure System integrated with Aadhar, Voter Roll, and Utility Records. Such draft Annexure - II should be published online within a fixed objection window (45 days + limited condonation), after which eligibility must be frozen. No resurveys should be permitted.
98. Mr. Singh has urged that despite Regulation 33(10) prescribing 60 days for finalization of Annexure-II, this often exceeds 6 months to years, with repeated amendments. Mr. Singh would suggest that Annexure-II must exclusively rest with the SRA and Auto Annexure database should be relied upon for seamless issuance.
99. Mr. Singh has flagged the issue of a developer securing a General Body Resolution without financial or technical scrutiny. He would submit that speculative players procure consents, trade in FSI, and abandon project midway. In this context, he would suggest that SRA to prescribe basic eligibility criteria for developers undertaking slum schemes. Such criteria should consider past experience of the developers, while prescribing the eligibility rules.
100. Mr. Singh would then submit that rival societies on the same parcel/CTS plot having splinter consent, triggering disputes or overlapping proposals and since there are more than one developers/proposal, the fall-out is resultant disputes which stalls the project. In this regard, Mr. Singh would suggest that a Managing Committee should be appointed by a majority of not less than 51% of the total population of the slum pocket, in the General Body Meeting, to be Page 94 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:46 ::: SMWP1_2024.DOC overseen by the SRA authority. SRA should blacklist such society members who are not elected in the General Body meeting and no further complaints/allegations should be entertained from such society.
101. Mr. Singh would then refer to the issue of consent often being uninformed, coerced or disputed. Slum dwellers face language and literacy barriers. A slum scheme can be initiated by minimum 51% consent, to mean 49% would dissent. He would in this regard suggest that the developers in the presence of the SRA officers should give complete disclosure to ensure informed consent, which should be AV recorded e-consent, with insertion of biometric verification and cool-off period. No individual complaints should be entertained unless it is signed/supported by 1/3rd slum dwellers out of the entire slum dwellers, in the slum scheme.
102. Mr. Singh would submit that appeal remains pending for years, as the AGRC, GRC sit fortnightly, face quorum issues and are manned by overburdened bureaucrats. In this regard, he would reiterate suggestions made earlier of having a full-time tribunal with judicial members and a dedicated registry. Mere filing of appeal ought not to operate as an automatic stay unless a reasoned order is passed with conditions.
103. Mr. Singh would then flag the issue of a small minority often stalling projects despite 95% consent and rent being offered. Eviction under Section 33 read with 38 of the Slum Act are extremely slow. To alleviate such problem Mr. Singh would suggest that errant slum dwellers should face deferral of Permanent Alternate Accommodation Agreements and the SRA should be held responsible Page 95 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:46 ::: SMWP1_2024.DOC for undertaking the eviction.
104. Mr. Singh would then submit that developers are compelled to pay outstanding water and electricity dues of slum dwellers before granting permission to the developers, which runs contrary to clause 1.13 of DCPR in Regulation 33(10). Such dues according to Mr. Singh ought to be treated as arrears recoverable from beneficiaries, post rehabilitation. Auto Annexure Data could be used for cross-verification.
105. Mr. Singh has drawn this Court's attention to relocation of religious structures within schemes which presently requires approvals from different department like Home, Urban Development, Police Department, causing 6 to 12 period delay. To mitigate this Mr. Singh has suggested that lawful religious structures within slum rehabilitation schemes ought to be treated like rehabilitation structures. There could be a single window clearance by the SRA instead of going to multiple authorities to obviate the delays.
106. Mr. Singh has flagged another issue of rehabilitation building not being properly managed, funds not used judiciously an infrastructure charges diverted. In this regard Mr. Singh has proposed certain suggestions as below ;-
a) A portion of infrastructure charges must be ring-fenced for rehabilitation upkeep and the corpus funds, must be audited periodically.
b) Once the slum dwellers are handed over possession of the respective units the onus of maintenance of the building Page 96 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:46 ::: SMWP1_2024.DOC should be with the slum society itself.
c) The infrastructure charges collected under Regulation 33(10)-
clause 9.2 from the developers should be utilized solely for maintenance of rehab buildings, specifically the charges collected on the rehab built up area for maintaining such rehab buildings.
d) To address the issue of re-encroachment, it is suggested that re-
encroachers must be disqualified from being a part of any scheme or future eligibility in any other scheme, for which the State Government and SRA should frame stringent guidelines.
e) Environmental Clearance (EC) approvals are cumbersome which delay the projects. It is suggested to establish a single window cell with SOPs, stringent timelines and fast-track clearances for slum schemes.
Submissions on behalf of Lakadawala Developers Pvt. Ltd. in IA/3024 of 2024 (Mr. Pravin Samdani, Senior Advocate)
107. Mr. Pravin Samdani, learned Senior Counsel has appeared for the above Applicant/Intervenor and advanced submissions on their behalf. Firstly, as background of the applicant, Mr. Samdani would state that the Applicant is a company registered under the Companies Act engaged in the development of real estate projects in Mumbai, having vast experience in rehabilitation schemes. Mr. Samdani would refer to and rely on the Interim Application which is on record, in the course of his submissions.
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108. The Applicant is undertaking a slum rehabilitation scheme on lands situate in Goregaon (West) and Malad (West), Mumbai the details of which are set out in IA, admeasuring 4417.96 sq. meters (approx.). In this regard, SRA issued a Letter of Intent dated 11 April 2022 in favour of the Applicant to carry out a slum rehabilitation scheme on the said land. It is during the course of the said slum rehabilitation scheme that the SRA issued Circular No. 210 dated 1 August 2023. Mr. Samdani, placing reliance on the said circular would contend that vide the said circular, the housing department Government of Maharashtra has inter alia directed the SRA to ensure that the developers shall deposit two years' advance rent and post-dated cheques for rent of one year. Also, that the Executive Engineer/SRA shall process the proposal of the developer for issuance of LOI only upon the deposit of advance rent by the developer. The Commencement Certificate for sale the component shall be issued in proportion to the amount deposited by the developer.
109. Mr. Samdani would submit that the circular is to be applied retrospectively by the SRA. It imposes unreasonable conditions on the developers which would render most of the slums schemes unviable, resulting in horizontal and vertical expansion of slums. Mr. Samdani, in this context, would submit that unless the slum is vacated within a specific and definite time period from the date of deposit, the project will become unviable.
110. Mr. Samdani would refer to the judgment of the Supreme Court in Yash Developers (supra), more particularly, paragraph 56(v) of the said decision. He would contend that the first portion of the said paragraph which deals with the Page 98 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:46 ::: SMWP1_2024.DOC obligation to provide transit accommodation to slum dwellers pending redevelopment is something that has been covered by the said Circular No.210 (supra). However, the second portion of paragraph 56(v) of the said decision which deals with the refusal of the slum dwellers to vacate has not been addressed.
111. In the above backdrop, Mr. Samdani makes the following suggestions:-
(a) There ought to be some definite timeline/time period within which the slum is vacated from the date of deposit of rent as prescribed in Circular No.210 dated 1 August 2023, failing which the project will be rendered unviable. This is also necessary to facilitate swift implementation of the slum rehabilitation scheme.
(b) When the developer/s comply with the provisions and mandate of the said circular dated 1 August 2023 and deposit of rent in compliance thereof, there ought to be some safeguards in place so that the developer/s are reasonably secured. Further, the SRA ought to provide some incentives in terms of issuing the Commencement Certificate and/or other permissions qua the sale component in slum rehab schemes, in a timely manner. Revised Letters of Intent may be issued whereby these conditions or safeguards are included so as to balance and protect the interest of developers, as well.
(c) The SRA ought to devise a mechanism to deal with the issue of reluctance on part of the slum dwellers to vacate the premises on Page 99 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:46 ::: SMWP1_2024.DOC the ground that the transit accommodation is either inconvenient or the amount offered is insufficient. This is to facilitate speedy and effective clearance of a site where such a scheme is undertaken and to ensure due compliance with the second part of paragraph 56(v) of the decision in Yash Developers (supra). In this regard, the plea of inheritable tenancy which is often raised, ought to be done away with, to make sure that the slum rehab schemes are implemented in an effective and timely manner and taken to its logical conclusion.
Submissions on behalf of Shree Azad SRA CHS. Ltd. (Mr. Altaf Khan, Advocate:
112. Mr. Altaf Khan, learned counsel has made submissions on behalf of Shree Azad SRA CHS Ltd. (Society). Mr. Khan submits that there are several glaring deficiencies in the existing framework of SRA, which have led to persistent delays, disputes, and hardships to the stakeholders, including slum dwellers and developers.
113. The Court's attention is drawn to various issues faced by the slum dwellers and developers which, according to the applicant, are not being addressed under the existing mechanism of the SRA. It is submitted that the scheme does not prescribe the uniform method for fixation of transit rent to be paid to slum dwellers, leaving the matter entirely to the developers resulting in disputes, and multiplicity of litigation before SRA and this court. Page 100 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:46 ::: SMWP1_2024.DOC
114. It is next submitted that there are drawbacks in quality control and accountability mechanisms, post-construction of rehabilitation buildings. Poor construction quality, absence of technical audits, and lack of maintenance oversight threaten to convert vertical slums into future hazards.
115. Also the existing process of formation of societies and appointment of developers is largely developer-driven. The initial Special General Body Meetings (SGBMs) are frequently organized and influenced by developers themselves, often without the supervision of SRA officers allowing manipulation of records and consent forms.
116. On the issue regarding the qualification of the developers, it is submitted that, developers with inadequate financial capacity or experience are often appointed for large scale projects without genuine verification of their solvency or expertise.
117. Mr. Khan further emphasizes on the issue of protection and rehabilitation of slum dwellers. He further submits that, the actual occupier of dwelling structures, in existence on or prior to 1 January 1995 were protected and were entitled for rehabilitation/relocation. Mr. Khan has placed reliance on decision of this Court in the case of Janhit Manch Vs. State of Maharashtra (supra) in which it was held that the cut of date 01.01.1995 shall not be extended further, although this remained only on paper.
118. According to Mr. Khan the grievance redressal mechanism under the SRA Act including the Apex Grievance Redressal Committee (AGRC) and Grievance Page 101 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:46 ::: SMWP1_2024.DOC Redressal Committee (GRC) is currently ineffective. The Committees assemble on an average 12 to 13 times a year resulting in huge backlog of cases and urgent matters are not listed promptly, resulting in pendency and multiplicity of litigation.
119. It is next submitted that the construction and planning of rehab buildings and that rehab buildings are not constructed in time, for instance in some cases the delay exceeds 20 years. Slum Act and DC Regulation are silent on the equal distribution of the plot between the rehab component and the sale component, which confers an advantage to the developer for using major/larger portion of the land for his sale component, which is not in the larger public interest.
120. It is submitted that, under the original DCR, 1991 there was no provision for parking with respect to Rehab Buildings in the Reg - 33(10). The Slum Rehabilitation Scheme having residential entitlement of carpet area 20.90 sq. metre, was introduced in DCR, 1991 vide amendment dated 12/08/2009 wherein one parking space for every eight tenements having carpet area up to 36 sq. metre each was provided. The Court's attention is drawn to SRA Circular no. 104 (no. SRA/ENG/7313/Gen) dated 10/11/2009 to submit that, the said circular prescribing parking guidelines lacks the backing of law and runs contrary to the intent of the delegated legislation. Mr. Khan further submits that, the existing model of parking provision under DCPR, 2034 has widened the socio- economic gap and has failed to meet future needs of slum dwellers who are potential vehicle owners.
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121. In the above backdrop, Mr. Khan has made the following suggestions:-
a. A Special General Body Meeting for the implementation of the slum rehabilitation scheme should be called by the slum dwellers for the appointment of the developer. In the event that SRA fails to appoint a developer by the tender process, the society on basis of the Special General Body Meeting should immediately communicate to the SRA. The SRA shall then scrutinize the tenders and call for a Special General Body Meeting in presence of an authorized officer who shall explain the S.R. Scheme to the slum dwellers and further appoint a developer on basis of majority decision as, per extant laws.
b. To fix the minimum transit rent based on location and other factors in consultation with stakeholders, minimum 5%, with a year wise increase to be implemented strictly and such condition should be recorded in LOI. The registered Tri-partite Agreement between the Developer, the Society and the Slum Dwellers should be executed at the time of appointment of developer.
c. At least four dedicated SRA officers should handle rent and lottery issues to ensure timely disposal of complaints. Any complaint/grievance of rent should be decided on priority and if any default is found on part of Developer it should be followed with 'Stop Work Notice'. Interest of 12% per annum should be made payable on delayed payment of transit rent and that Page 103 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:47 ::: SMWP1_2024.DOC expeditious adjudication of applications of transit rent within a time bound manner, preferably within 30 days.
d. A squad team consisting of three officers must be formed for quality assessment of construction. Such team must also grant quality certificates. Upon confirmation of low quality construction, the developers / builders must be held accountable and compensation must be paid to either to SRA for Rehab Building or to Society.
e. The eligibility criteria of the developer shall be only those who have had a minimum experience in the field of redevelopment for 3 years having a financial capacity that is verified by the SRA.
Developers should be prohibited from entering into any Joint Venture without the prior approval of the SRA and the society.
f. Retired High Court judges should chair the AGRC and retired District Court judges the GRC. Regular sittings and hybrid hearings should be ensured. A digital dashboard should be created to display the pending and disposed of cases.
g. SRA shall ensure an equal 50% - 50% distribution of land between the rehab and sale components.
h. Developer shall deposit a corpus fund, share fungible FSI benefits equally between rehab and sale portions, and execute leases or deemed conveyances before issuance of occupation certificates.Page 104 of 264
P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:47 ::: SMWP1_2024.DOC i. Before eviction, SRA shall ensure payment of 22 months of advance transit rent in addition to 11 months post-dated cheques to those eligible and 11 months rent to non-eligible slum dwellers.
Submissions of learned amici :-
122. Mr. Khambata, along with Mr. Sharan Jagtiani, learned senior counsel, and Ms. Naira Jeejeebhoy, learned counsel appointed as amici, have taken strenuous efforts to present the issues before the Court in an appropriate perspective, in the light of what has been held by the Supreme Court in Yash Developers (supra).
123. At the outset, Mr. Khambata, relying on the decision of the Supreme Court in Yash Developers (supra) as also the decisions in Galaxy Enterprises (supra), Indian Cork Mills Pvt. Ltd. (supra), Bishop John Rodrigues (supra), Saldanha Real Estate Pvt. Ltd. (supra), Tarabai Nagar Cooperative Housing Society (supra), State of Maharashtra vs. Shri Mahadev Pandharinath Dhole (supra) and Jilani Building at Bhiwandi vs. Bhiwandi Nizampur Municipal Corporation and Ors.(supra), submitted that in all these decisions, the Court has expressed multitudes of concerns in regard to the implementation of the Slums Act and the lacunaes, which are required to be redressed by the State Government. Mr. Khambata's concern would be although the Slums Act was envisaged as legislation providing ad-hoc solutions to ad-hoc problems, as observed in State of Maharashtra vs. Shri Mahadev Pandharinath Dhole (supra), however, the dream as envisaged in the said decision as far remained to be fulfilled. It is submitted that there are several issues concerning the classification Page 105 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:47 ::: SMWP1_2024.DOC of slums and the effective and efficient management of their rehabilitation. Although the expansion of large slum areas could be restricted, they have now reached alarming proportions. Mr. Khambata has placed on record suggestions in a tabular form identifying specific issues, the causes of such problems, the relevant statutory framework/guidelines or decisions, the proposed measure/ solution and whether such solution would require amendment by legislature. In such event, the question arises as to what proposals may be made to address legislative flaws and what the views of the Slum Rehabilitation Authority (SRA) are on these issues. At the outset, it may be noted that the following specific issues/problems have been identified:-
i. Suggestions on identification and declaration of land as slum;
ii. suggestions for identification of slum dwellers;
iii. Suggestion for selection of developers;
iv. Suggestions for apportionment of slum land between redevelopment and sale area;
v. Suggestions regarding obligation to provide transit accommodation to the Slum dwellers pending redevelopment.
vi. Suggestions regarding lack of independence and objectivity in functioning of statutory authorities;
vii. Suggestions regarding effectiveness of statutory remedies; viii. Suggestions pertaining to miscellaneous issues."
124. In relation to the aforesaid issues, Mr. Khambata has also submitted, in tabular form, the causes of the problems, the relevant existing statutory sections, regulations, rules, circulars, guidelines and/or judgments, proposed measure/ Page 106 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:47 ::: SMWP1_2024.DOC solution, whether proposed measure/solution requires amendment of law by legislature, proposal for legislative reforms and the comments on views and suggestions of the SRA. We must appreciate that the information, as placed on record in tabular form ought not to be disturbed in any manner, as it gives a complete view of such issues and the valuable suggestions made on the proposed course of action. We are, therefore, of the opinion that the suggestions should form part of this judgment.
Suggestions:
125. The following are the suggestions as made by the learned amici:-
"I. DECLARATION OF SLUMS AND RIGHTS OF LANDOWNERS A. Balancing of Rights of owner with that of reasonable public housing for slum dwellers:
1. No ownership rights to slum dwellers: Suggestion to form a 'community land reserve' may be adopted32 with a few modifications as suggested herein. Ownership rights need not be transferred to slum dwellers. Allotment can be permanent but should not translate to ownership. The DCPR provisions conferring ownership rights on hutment dwellers in rehab tenements should be amended.
2. Housing arrangements: Identified slum dwellers should be given housing in rehab tenements for the duration while working in the City either free (for protected occupants) or on rent (for other cases). Any non 32 Pg. 393, Annexure A, Item 8, Affidavit on behalf of Shirish Bhailal Patel, Compilation of Affidavits
-1.Page 107 of 264
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3. Succession rights: After death of original occupants, heirs should be entitled to continue subject to payment of rent at similar rates as non- protected occupants.
4. Reversion mechanism: If slum dwellers or their heirs wish to give up the tenement, it should be transferred back to the community land reserve.
5. Implementation: These provisions should be implemented by way of Rules under Section 46 of the Maharashtra Slum Act and through amendments to DCPR.
B. Private Lands - Protecting Landowner Rights33:
To make Section 13(1) of the Maharashtra Slum Act meaningful, the following suggestions are made:
6. Specific notice to private landowner: The current scheme of publishing a stakeholder-wide notice must be modified to include specific notice furnished to the private land owner 34. The SRA policy of pasting a notice on site, publishing a notice in newspapers as per Circular No.198 dated 26.04.2021 (Table I, Pg. 17, Sr. 13) ought to also continue. 33 Despite judicial recognition of landowners' preferential rights to redevelop slum-declared land, there are repeated instances of improper acquisition without adequate notice under Section 13 of the Maharashtra Slums Act. See section 3B(4)(c) and (e) and section 13(1) falling under Chapter I-A of the Maharashtra Slums Act; See also Bishop John Rodrigues v State of Maharashtra, Writ Petition No. 1212 of 2022, the Court (G.S. Kulkarni & Jitendra Jain, JJ.) which cites Gulabdas Shah v. State of Maharashtra, 2011 (1) Mh. L. J, and Indian Cork Mills Pvt. Ltd v The State Of Maharashtra & Ors.,2018 SCC OnLine Bom 1214. (Paras 84, 85, 97 and 130) 34 See recommendations of Nagardas Dharsi Bhuta Charities, Table VIII, Pg. 137, Sr. 7 Page 108 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:47 ::: SMWP1_2024.DOC
7. No Clubbing of Notices: There should not be any clubbing of the notice under Section 13 with that under Section 14 of the Maharashtra Slums Act or any deemed notice. In case Section 14 process has begun, it must be stayed until proper notice is given under Section 13 of the Maharashtra Slum Act.35
8. Standardized notice format: A standardized format of notice must be prescribed by the SRA and published on its website, including the date by which the owner's proposal should be submitted.
9. Commencement of 120-day period: The stipulated 120 day period must begin from proof of service given to the owner.
10. Title disputes: In case of title disputes, if the SRA cannot determine the real owner, the owner whose name is stated on the property card must be served with notice.
11. Priority of owner's rights: In case of competing claims, owner's right must be given priority over the right of occupants, unless the owner does not have any bona fide interest in redeveloping the land.36
12. Time-Bound Implementation: In the event that the owner, who has exercised his preferential right, does not adhere to the prescribed time frame, Section 13(2) should automatically follow, followed by the procedure prescribed under Sections 14 to 17 for acquisition of the land for a public purpose from the owner.
35 See Suggestions by Bright Ability and Awareness Foundation (T-1), page 109 of Consolidated Table 36 Therefore, the Court ought to consider the conduct of the landowner to assess the same. [see Deena Pramod Baldota v State Of Maharashtra, 2022 SCC OnLine Bom 5102].
Page 109 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:47 ::: SMWP1_2024.DOC C. Government-Owned Lands:
In light of the public trust doctrine enumerating that Government lands are public resources held in trust by the State, it is suggested that:
13. Accountability and prevention of further encroachment: A list should be prepared marking free/open land as on date and State authorities should be held accountable for ensuring no encroachment takes place.
14. No veto power for occupants: In case of redevelopment on public land, no veto power should be given to occupants.
15. Transparent tendering: When private-public partnerships are resorted to, the government must adopt a fully transparent process by publishing public tenders.
16. Community housing stock: The State should benefit from the development potential of the land by having part of the redevelopment potential used to create community housing stock, over and above the rehabilitation of occupants.
17. Best deal for State: The tender should be awarded to a Developer who is not only technically and commercially sound but is able to provide the best deal for the State.
18. Community land reserve on public land: The DCPR may be amended to provide that even public land should be used for creation of a community land reserve instead of leasing the land to the Society of slum dwellers and reversion of tenements to the pool of public housing.Page 110 of 264
P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:47 ::: SMWP1_2024.DOC II. DELAYS AND AUTOMATIC TERMINATION PROVISIONS37
19. Mandatory Time-Bound Completion: All letters of intent and agreements must mandate timely stage-wise completion of slum rehabilitation schemes.
20. Automatic Application of Section 13(2): In the event of default in adhering to stipulated timelines (unless extended by court order), the SRA should take action under Section 13(2) as an absolute rule to substitute the developer. To leave room for some unforeseen circumstances, it would be open to the developer to approach the CEO, SRA to extend the relevant milestone after passing a reasoned order. However, such an application should only be entertained in case the CEO, SRA is approached prior to the deadline of the milestone. III. DENSITY AND APPORTIONMENT38
21. Maximum Tenement Density39: DCPR 33(10) should be suitably amended to insert a maximum tenement density in keeping with sustainable development principles and to ensure rehabilitated slum dwellers are provided access to basic amenities. The regulation should 37 Despite statutory provisions and judicial precedents, delays in implementation of slum rehabilitation schemes by owners and developers are not being adequately addressed. Of 578 applications received under Section 13(2), 372 remain pending. See Susme Builders Pvt Ltd v Chief Executive Officer, Slum Rehabilitation Authority (2018) 2 SCC 230, para 45; Galaxy Enterprises v State of Maharashtra - 2019 SCC Online Bom 897, para 60 38 This Hon'ble Court in State of Maharashtra v Shri Mahadeo Padnharinath Dhole AIR 1980 Bom 348, para 22 has held that the objective of the Maharashtra Slum Act "22...also is to provide to the slum dwellers at large certain basic necessities such as water, sanitary arrangements, light etc" and rehabilitation in proper buildings. However, the current scheme for redevelopment of slum areas does not achieve the avowed objective of rehabilitation of slum dwellers in proper buildings. Notably, the proviso to Regulation 33(10)(6.15) and Regulation 33(10)(6.16) and (6.17) enables relaxations in building requirements that may be provided by the CEO, SRA. The lack of apportionment of FSI between the rehabilitation component and the free sale component, has enabled disproportionate apportionment of slum land to the free sale area and consequent deprivation to the rehabilitation component. 39 The current framework does not achieve the objective of providing slum dwellers with proper buildings and basic necessities. Regulation 33(10)(3.12A) only prescribes a minimum tenement density without prescribing a maximum density, leading to heavy congestion. Rehabilitation tenements are often squeezed into 25 to 35 percent of slum land in buildings hosting up to 6,000 to 6,500 tenements per hectare. Page 111 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:48 ::: SMWP1_2024.DOC prescribe a maximum density in line with DCPR 30[B] and the National Building Code of India, 2016 rather than prescribing a minimum tenement density.
22. Building Safety Standards and Fire Protection: Slum rehabilitation schemes must enforce the safety measures prescribed by the National Building Code (NBC)40 The CEO SRA cannot be permitted to grant relaxations in building norms that compromise the safety of the rehab components41. Accordingly, it is suggested that:
a. No relaxations to the minimum distance of 6m between two rehab buildings under Regulation 33(10)(6.8) should be permitted b. Fire protection requirements as per DCPR 47 should be mandatory.
c. Lighting and ventilation requirements provided under Regulation 40 of the DCPR should be made mandatory to slum rehabilitation projects.
d. The open space requirement under Regulation 33(10) should be at par with the requirements under the DCPR as applicable to general building constructions42 40 The Supreme Court in Avinash Mehrotra v Union of India (2009) 6 SCC 398 applied Article 21 and 21A to direct State Governments to ensure that all government and private schools were constructed according to the safety norms incorporated in the NBC. This constitutional logic must extend with equal force to slum rehabilitation housing.
41 The Supreme Court in Municipal Corporation of Greater Mumbai & Ors v Kohinoor CTNL Infrastructure Company Pvt Ltd (2014) 4 SCC 538, has expressly found that relaxations in building permissions cannot be permitted at the cost of providing the required public amenities and at the cost of safety to be afforded to inhabitants of Mumbai.
42 The DCPR demands open space requirements of 15 to 25 percent depending upon the plot area. However, Regulation 33(10)(6) reduces this requirement to 8 percent without any justification, which may be further relaxed by the CEO SRA under Regulation 33(10)(6.17) . Page 112 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:48 ::: SMWP1_2024.DOC e. No relaxation should be granted where it adversely affects safety, fire safety and public safety, and planning norms established for safety cannot be compromised.
f. Any relaxations as to building constructions should be made only as per Clause 6.17 of DCPR 33(10), which are provided only to make the scheme feasible with reasons to be recorded in writing.
23. Apportionment of Land between Rehab and Sale Components:
Specific norms for apportionment of FSI between the rehab component and sale component ought to be provided for 43:
a. Either a fixed ratio be provided for under the DCPR or the factors relevant for determination of this ratio be defined in either the Maharashtra Slum Act or DCPR 33(10).
b. The apportionment between rehab component and free sale component ought to be made in such a way that the rehab component complies with suggestions as to maximum density and non-waiver of basic amenities, fire safety etc.
24. Developer's Entitlement - Conditional on Compliance: Under the Maharashtra Slum Act read with Regulation 33(10) of the DCPR, the developers' entitlement to FSI and the free sale component should be expressly recognized as conditional upon fulfillment of obligations to eligible slum dwellers. A failure to fulfill those obligations should be treated as a failure of consideration. Developers are a means to serve 43 See The Aflzarpurkar Report contained recommendations as to appointment at para 15.9 (pg.44 of the Report) Page 113 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:48 ::: SMWP1_2024.DOC public welfare purposes, not ends in themselves.
25. Adequate checks and balances to protect bona fide third party purchasers: Developers should be granted right to free sale area proportionate to the stage of completion of the project and should not be permitted to sell any part of the free sale area in excess thereof. III. IDENTIFICATION OF SLUM DWELLERS
26. Cut-Off Date Freeze44:
a. The cut-off date cannot be extended by way of a circular and should not be further extended.
b. Instead of extending the cut-off date, a procedure providing for rehabilitation of non-protected occupants at nominal cost should be implemented.
27. Time-Bound & Streamlined Process for Annexure II45:
a. Time bound preparation: The procedure for preparation of Auto Annexure II should be initiated and completed at the stage of Section 3(C)(1) itself by the SRA/Deputy Collector to enable simultaneous preparation at the time of declaration of land as slum area.
b. Time bound Appeals: A time period of 30 days should be prescribed for filing Appeals and these should be disposed of within 60 44 The cut off for giving status of protected occupier for a dwelling structure who will eventually be eligible for rehabilitation was initially 1985 and was subsequently revised to 01.01.1995 and thereafter to 01.01.2000 and recently to 01.01.2011 by the State government under the sub-regulation VIII (3.12) (C) of Regulation 33(10) of DCPR 2034.
The Afzulpulkar Committee Report categorically emphasized the need for freezing the cut-off date without any extension (Chapter 2, Pg. 14-15 of Afzulpulkar Committee Report). 45 SRA vide its Circular No.217 dated 12th February 2024 directed all Competent Authorities to generate Annexure II only by using Auto Annexure II application and further Deputy Collector / SRA / Engineering Department of SRA shall not accept and act upon any manually prepared Annexure II. However, the aforesaid Circular however does not provide for completion of issuance of Auto Annexure II in a time bound period. Page 114 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:48 ::: SMWP1_2024.DOC days.
c. Mobile linking: Mobile numbers of slum dwellers should be linked to send draft and final Annexure II to them so they are aware of their eligibility status.
d. No undecided eligibility: In Annexure II, eligibility should not be kept undecided (sometimes kept pending for decades). e. Spouse and occupants: Names of spouse (husband and wife) and all actual occupants should be mentioned in Annexure II. f. Subsequent purchasers: Subsequent purchasers after issuance of Annexure II who have actually occupied/resided in slum structure should be considered for eligibility (as per G.R. dated 16.05.2015 and 16.05.2018).
g. Professional management agency: SRA can appoint a professional agency to guide slum dwellers, and fees for the same can be partly recovered as scrutiny charges for eligibility.
28. Satellite survey of Slum Plots: should be done periodic, to prevent further encroachment. Subsequent purchaser after issuance of Ann - II who have actually 'occupied / resided' in slum structure, should be considered for eligibility.
29. Definition of "Dwelling Structure": The State government should clarify under the definition of "dwelling structure" u/s. 3X(a) of the Slum Act whether structures above ground floors are "dwelling structures" or not.
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30. Centralized Master List: Information should not only be centralized but consolidated into a Master List of beneficiaries that is publicly available like the Electoral Roll to help weed out duplications in different slum pockets and eliminate bogus slum dwellers from taking benefit under multiple schemes.
31. Biometrics and Identity Card:
a. Biometric survey for identification of number of exact slum dwellers of particular plot and integration of the same with central data base is required irrespective of the Authority preparing Annexure II.
Disciplinary action should be initiated against the officer not following the law b. After issuance of letter of Allotment to the slum dwellers, SRA should also issue 'Identity Card', to the allottee having photograph and biometric data of Husband, Wife and other family members of allottee.
IV. SELECTION OF DEVELOPERS
32. Constituting a Pre-Identified Panel of Developers: The Bombay High Court suggested replacing the existing scheme with a system of having a pre-identified panel of bona fide and reputed developers 46, which the SRA is implementing and should be followed so that there is a pre- identified list of developers from which slum dwellers can choose a developer. This would also streamline debarring/blacklisting defaulting developers.
46 Galaxy Enterprises v. State of Maharashtra & Ors. (2019)5 Bom CR 43, paras 3-5,65 Page 116 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:48 ::: SMWP1_2024.DOC
33. Selection on objective criteria: The final decision on the Developer should not be left with the CHS. There should be objective criteria on the basis of which the Developer should be appointed by the SRA after taking into consideration the views of the CHS and keeping in mind the public trust doctrine. The selection of Developer should be completed in a time bound manner.
34. SRA-Facilitated Tendering: The SRA has indicated it will formulate and publish guidelines on floating tenders and criteria to consider in selection of a developer.47
35. Financial and Technical Scrutiny of Developers48:
a. SRA has already suggested and implemented measures in this regard. A graded scheme should be implemented requiring greater experience, minimum net-worth and cash in hand as the RERA carpet area of the project increases. All empanelled developers should be in the real estate development business for more than 5 years b. The SRA's empanelment form (which requires details of past projects, awards, financial statements, etc.) should be incorporated with existing Annexure III requirements under Circulars Nos. 144, 144A and the Ease of Doing Business Manual.
36. Notification Before Third-Party Financial Bailouts: SRA should introduce a new policy/circular whereby no developer should be permitted 47 Item 19, Point 2, Suggestions of the SRA, Pg. 72, Table summarising suggestions of the SRA 48 In Yash Developers v. Harihar Krupa CHS 2022 SCC OnLine Bom 3712 it was suggested that the SRA rigorously scrutinizes the selection of a developer on its financial and technical capacities through a scientific mechanism, in order to identify a bonafide developer with fullest abilities. Page 117 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:48 ::: SMWP1_2024.DOC to enter into an agreement with a third-party or joint-venture without notifying the SRA.
37. Stalled Projects - Auction Process: The SRA has indicated it is in the process of formulating a scheme for auctioning stalled projects through a ward-wise, e-tendering process."
Submissions on behalf of SRA (Dr. Birendra Saraf, Advocate General)
126. Dr. Saraf, learned Advocate General has made extensive submissions as also has filed written submissions in two parts, namely, Part 1 and Part 2. The submissions of Dr. Saraf on the distinct topics are as follows:-
(i) Background in relation to the Slum Act - In setting out the factors leading to the enactment of the legislation, it is submitted that the creation of slums in urban areas was due to numerous factors. The rapid expansion of industries led to a significant migration from rural areas to cities, which was also due to rural regions being unable to meet the livelihood needs of people who primarily depended on agriculture and related activities. Such migration caused overcrowding in urban areas and a shortage of housing, which, in turn, led to the development of large slum areas, particularly in Greater Mumbai and other urban regions in Maharashtra. The housing requirements in the urban areas could not meet the rapid development in urban activities. Such large scale and rapid immigration also led to encroachment of open public lands. Also, the apathy of the private landlords to prevent encroachment and to ensure the appropriate use of land led to Page 118 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:48 ::: SMWP1_2024.DOC slums mushrooming on private lands. The proliferation of slums also raised serious concerns in regard to the safety and health not only of the slum dwellers, but also of the society at large. Although multiple municipal laws were in operation, there was no uniformity in the provisions of these enactments coupled with insufficiency of the provisions to improve the situation in regard to slums. It is for such reasons that the legislature thought it appropriate to enact a special law to deal with the improvement, clearance and development of slum areas leading to enactment of the Slum Act in the year 1971. The object, inter alia, being to make better provision for the improvement and clearance of slum areas in the State and for redevelopment as also for the protection of occupiers from eviction and distress warrants.
The Slum Act was brought into force on 11 August 1971. The legislation casts various duties on the authorities. The Slum Act was substantially amended in the year 1996-97 and 2001 inter alia to introduce Chapter I-A and amendments.
(ii) Legislative history of the Slum Act - Under this heading, the learned Advocate General has referred to the Central Act, namely, the Slum Areas (Improvement and Clearance) Act, 1956. The backdrop for enactment of the said legislation was considered and elucidated by the Supreme Court in the case of Sanyukta Sangharash Samiti vs. State of Maharashtra (supra), wherein the Supreme Court made the following observations:
4. Very little attention was paid to the slum dwellers in their initial period during the late 19% century and early 20% century, during colonial Rule. After the 1896 bubonic plague the Government recognized the need for improvement in the housing and sanitary conditions, in the city. This Page 119 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:48 ::: SMWP1_2024.DOC resulted in the formation of Bombay Improvement Trust (for short 'BIT')| in 1898, and later Bombay Development Department (for short 'BDD') in the year 1920. BDD in particular, inter alia, had a mandate to construct low-cost houses for the workers who were manning the factories and the mills in the city; and for the workers in ports and railway station as well. All the same, not much was done by these bodies as far as improvement of living conditions of the workers in these areas or for providing them with a decent housing or sanitary conditions.
5. With independence, initially the approach of the authorities towards slums was also largely focused on clearing the slum areas, rather than improving their conditions. The Slum Areas (Improvement and Clearance) Act, 1956 was enacted by the Parliament for declaring the areas as slum area, and clearing it. The competent authority could declare an area as a slum area and would thereafter pass demolition or clearance orders. There was no purposeful welfare, socially sensitive, provision in the Act for redevelopment of the area after its clearance and this was left to the satisfaction of the competent authority, which may redevelop an area, subject to his or her satisfaction (see Section 11 of the Act)."
127. In line with the Central legislation, it is contended that the said Slum Act was conceived by promulgation of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Bill (Bill No. XXV of 1970), so as to formulate a comprehensive legislation to deal with slums in Maharashtra. After the suggestions of the report being invited from the Committee constituted to make submissions on the bill, the Legislature enacted the Slums Act in the year 1971 contemplating appointment of Competent authority for supervising the enforcement of the Slum Act, rehabilitation and improvement works. At the relevant time, there was no provision for a rehabilitation scheme as also the Development Control Regulation 1967 did not have any provision regarding implementation of a slum rehabilitation scheme. On such backdrop, to establish a separate Board for carrying out the works of improvement in the areas of the slums, the Maharashtra Slum Improvement Board Act, 1973 was enacted. The joint application of the Slum Act and the Maharashtra Slum Improvement Board Page 120 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:49 ::: SMWP1_2024.DOC Act, 1973 had fell for consideration of the Division Bench of this Court in State of Maharashtra vs. Mahadeo Pandharinath Dhole (supra).
128. It is submitted that despite the said enactments, it was observed that the slum proliferation was not curbed effectively and there was no comprehensive Slum Rehabilitation Scheme setting out the parameters of works of improvement or redevelopment. It is stated that the initial focus of the Government in enactment of the Slum Act was on identifying and declaring slum areas of Maharashtra, for which extensive surveys to map out slum locations and assess the living conditions within these areas were undertaken. Thus, the first phase of implementation of the Slum Act involved the preparation and execution of improvement schemes aimed at providing basic amenities and improving the overall living conditions in slum areas. The progress was, however, felt relatively slow due to several challenges, including bureaucratic inefficiencies, limited financial resources, and the "sheer scale" of the problem. The improvement of slum areas, despite efforts, proved to be a daunting task. The conditions of the slums were so dire that improvement alone was not sufficient, necessitating the clearance and redevelopment of entire slum clusters. These challenges faced during this phase underscored the need for a more robust and coordinated approach to slum redevelopment. In such context, significant observations were made by this Court in Janhit Manch v. State of Maharashtra49, which read thus:-
"71. Slums and Slum TDR and 1977 Slum Rehabilitation Amendment:
i. Slums have been a problem in Mumbai occasioned by the State's inability protect public lands from encroachment. This administrative failure is 49 2006 SCC OnLine Bom 1145 Page 121 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:49 ::: SMWP1_2024.DOC occasioned by Vote Bank Politics. Consequently, the same has reached an alarming situation and is posing a great threat to Mumbai's Planning and its already inadequate infrastructure. Living conditions in the slums are unhygienic and pose a great threat to health, though now, facilities like tap water, garbage clearance, electricity and toilets have been provided.
According to the estimates, the number of persons who live in slums ranges between 50% to 60% of the city's population. A number of schemes have been devised like slum improvement, slum upgradation under the World Bank Project and also redevelopment schemes by granting FSI upto 2.5. The last scheme has given scope for societies of slum dwellers and developers to develop slums which are commercially viable. However, despite all these measures adopted the problem remains unresolved. The problem required a solution which would run across the board. It appears that it is in this background that the Government of Maharashtra, proposed a new slum policy."
(emphasis supplied)
129. A reference is made to a study group which was formed to consider changes to be introduced to improve the operation of the Slum Act, under the guidance of Mr. Dinesh Afzalpurkar, as formed by the State Government. The study group made recommendations for the changes to be introduced in the Slum Act for its better implementation. In pursuance thereto, Chapter I-A was introduced under the Slum Act, which formed the Slum Rehabilitation Authority ('SRA') as the sole dedicated authority for implementation of slum schemes in Mumbai. Simultaneously, with the enactment of Chapter I-A, various other amendments were incorporated granting primacy to the SRA, including by bringing about amendment to the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) [Section 2(19), Section 37(IB), Section 152], Mumbai Municipal Corporation Act (MMC Act) [Section 144(B), Section 354(AAA)].
130. Between 17th April, 1996 and 25th April, 1996 the Slum Rehabilitation Authority invited objections and suggestions to the general slum rehabilitation scheme for Greater Mumbai. By a notification issued by the SRA under Section Page 122 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:49 ::: SMWP1_2024.DOC 37(1-B) of the M.R.T.P. Act, objections and suggestions were invited by the S.R.A. to the proposed modifications in the D.C. Regulations including the insertion of a proposed Appendix VII-B. After a further round of inviting objections and suggestions in August 1996, the Development Control Regulation 33(10) was amended with effect from 15 October 1997. Thereafter, on 19 April 1998 the General Slum Rehabilitation Scheme for Greater Mumbai was approved by the SRA and notified.
131. Chapter I-A substantially changed the manner of redevelopment of slums in Mumbai. The significant impact of introduction of Chapter I-A was considered by this Court in Pooja Enterprises v. C.E.O., S.R.A 50 and in Tulsiwadi Navnirman Coop. Housing Society Ltd. v. State of Maharashtra (supra).
132. In his written submissions, learned Advocate General has set out in extenso the scheme of the Slum Act as contained in various chapters. An emphasis is laid on Chapter I-A and Chapter I-B, in the context of establishment of the Slum Rehabilitation Authority as also identification of slum rehabilitation areas, identification of slum dwellers, selection of developers and declaration of general slum scheme as per Section 3-B of the Slum Act. It is stated that on 19 April 1998, a General Slum Scheme in accordance with Chapter I-B of the Slum Act was published by the SRA setting out the parameters of implementation of the Slum Rehabilitation Scheme. A reference is made to Development Control Regulations 1991 and the present Development Control and Promotion Regulations 2034. It is stated that prior to the notification of the general slum 50 (2000) 3 Mah L] 147 Page 123 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:49 ::: SMWP1_2024.DOC scheme, the State of Maharashtra on 25 March 1991 notified the Development Control Regulation 1991 (DCR 1991) in which Regulation 33(10) of the DCR 1991 read with Appendix IV set out the rights of the hutment dwellers in slum schemes, the requirement of building permissions and relaxations which may be granted for planning purposes, computation of rehabilitation and free-sale component, provision for transit camps, constructions of commercial tenements, etc.
133. It is stated that in the year 2018, the Development Control and Promotion Regulations 2034 (DCPR 2034) were notified. Regulation 33(10) governs the Slum Schemes in the same manner as it was positioned under the DCR 1991. However, Regulation 33(10) of the DCPR 2034 provides for higher FSI as also, as per the new Regulations, the slum rehabilitation tenements were to be constructed for all the slum dwellers irrespective of their eligibility, and in the event the slum tenements were in excess of eligibility, the same would be surrendered to the authority as PAP tenements to be utilized as Project Affected Persons tenements. It is stated that apart from regulations concerning slum rehabilitation schemes, the DCPR 2034 also contemplated generation of a pool of housing. Regulation 33(10) (3.11) is stated to be a scheme which provides for rehabilitation of slum dwellers who are situated on lands which are required for implementing vital public projects. It is stated that as per this scheme, developers offer lands owned by them where the slum dwellers encroaching the vital public project land would be housed. The developer conveys such land to the SRA and receives Floor Space Index (FSI) and Transferable Development Rights (TDR) Page 124 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:49 ::: SMWP1_2024.DOC for the same. Further the Regulation 33(10) (3.12)(c) contemplates creation of PAPs in each slum scheme. Regulation 33(11) of the DCPR 2034 stipulates creation of Permanent Transit Camps for the SRA. Under the said Regulation, the scheme is approved specifically for constructing transit camps which may be used by the SRA for housing slum dwellers from other schemes. These are the provisions enacted for creating a pool of housing which may facilitate the vacating of public and private lands. A reference is also made to Regulations 33(20)(A), (B) and (C) which provide for construction of low cost housing for low income and middle income groups enabling construction of subsidized housing.
134. Considering the difficulties which were faced in implementing the Scheme as per Regulation 33(10) of the DCR 1991, extensive amendments were made to Regulation 33(10) so as to bring about a sea change by making the following provisions:
"(a) Requirement of construction of rehabilitation tenements by accounting for eligible and ineligible slum dwellers: The DCPR 2034 now makes provisions for construction of tenements for all slum dwellers, eligible and ineligible. It makes provisions for the ineligible slum dwellers who may become eligible subsequently due to verification/scrutiny. In the earlier regime, the hutments were accounted for the eligible slum dwellers only. In the event of increase of eligible slum dwellers, the parameters of slum scheme would be required to be changed. This amendment is a step forward in expedition in schemes.Page 125 of 264
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(b) The incentives such as FSI and built up area were increased. Higher FSI not only ensured that more hutments could be constructed in the rehabilitation components and more PAP tenements could also be generated.
(c) In the earlier regime, the minimum requirement of consent was 70%. Under the new regime, this requirement has been reduced to 51% in order to ensure that slum schemes are accepted faster.
(d) In the earlier regime, no premiums were payable for schemes on Government lands. Presently, 25% value of the ASR of the slum scheme is payable to the Government. This ensures that no government lands 'go for free' in implementation of slum schemes."
135. The categories of slums are set out in Section 4, primarily being three categories, namely, slum areas declared under Sections 4 and 4A, and further slum rehabilitation area declared under Section 3C and Censused slum areas defined under Section 2(1b) of the Slum Act.
136. Regulation 33(10)(II)(viii) of the DCPR 2034 defines censused slums as hutments located on lands belonging to the Government or any of its undertakings or the MCGM, incorporated in the records of the land owning authority based on the census carried out in 1976, 1980 or 1985 or prior to 1 January 1995 and 1 January 2000.
137. In regard to the process of identification of slum and slum rehabilitation areas earlier and the process for redevelopment schemes, it is stated that for the rehabilitation of slums, the declaration of a slum rehabilitation scheme and slum rehabilitation areas is a prerequisite, the relevant provisions being Sections 4 and Page 126 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:49 ::: SMWP1_2024.DOC 3C providing for the declaration of areas as ' slum areas' and 'slum rehabilitation areas', respectively.
138. For such purpose, actual physical surveys were carried out by the SRA / Competent Authority. A survey report of the area was prepared after being satisfied that slum like conditions existed. Public notices were issued by the SRA/Competent Authority declaring their intention to declare particular areas as Slum Areas. This physical process was time consuming and at times could not identify the boundaries of the slums accurately. The State prescribed minimum number of hutments for declaring areas as Slum Areas. In such context, Government Resolution dated 23 May 2001 was issued which stipulated that private lands can be declared as slum areas if they contained 25 or more slum structures. Further, a Government Resolution dated 5 August 2005 declared the issuance of photo-passes to slum structures situated on private land, land owned by the State Government within the jurisdiction of the BMC, and land owned by any other agency of the State Government, provided that 15 or more slum structures existed on such lands. It is stated that the minimum requirement of 15 structures does not apply to the declaration of slum rehabilitation areas. A reference is made to the notification issued by the SRA dated 23 May 2022 declaring all public and private lands on which slum structures existed prior to 1 January 2011 and had been declared as slum areas, or censused slums, as slum rehabilitation areas.
139. It is stated that as on date, the following is the data as regards the lands declared as Slum Rehabilitation Areas under Section 3C of the Slum Act:- Page 127 of 264
P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:49 ::: SMWP1_2024.DOC Total Application received for declaration under Section 3C 471 Total No. of hutments 3,02,407 Final Order / Gaz. Notification Issued 261 (Area 3544496.82 sq.mtr.) Application under consideration i.e. in process (at diff. Stages 120 like DDLR Remarks, Joint Visit, Public Notice, Hearing) Nos of applications Rejected 90
140. Further, in the current regime of submission / presentation of schemes in regard to selection of developers of the society, it is stated that once a slum rehabilitation area is declared, Regulation 33(10) of the DCPR 2034 mandates that at least 51% of the eligible slum dwellers in such an area must agree to join the slum rehabilitation scheme. It is stated that in such cases, a developer interested in executing the scheme is required to obtain the necessary consent from the eligible dwellers and subsequently submit a proposal to execute the slum rehabilitation scheme. Pertinently, the developer may be a non- governmental organization (NGO), provided it has been duly registered under the Maharashtra Public Charitable Trusts Act, 1961, and the Societies Registration Act, 1960, for at least five years prior.
141. Once a proposal is submitted by the developer, the SRA conducts a comprehensive scrutiny of the same by applying the contents of Circular No. 144 & 144A, which inter alia provides for verification of title, the financial capacity of the developer and availability of access roads.
142. SRA applies the provisions of Section 13(2) of the Act that if the owners, landholders or occupiers fail to come forth within a reasonable time, not exceeding 120 days, to relocate and rehabilitate protected and other occupiers, in Page 128 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:49 ::: SMWP1_2024.DOC such event, the SRA may determine to redevelop such land by entrusting it to any agency or developer. The SRA may also determine to redevelop such land entrusting it to any other agency or developer where an appointed developer does not adhere to the approved plan or violates any stipulated conditions or restrictions, including those pertaining to timelines.
143. In regard to slum area declared under Section 4 or 3C or a censused slum, all slum dwellers form a proposed slum society consisting of one Chief Promoter and 11 Managing Committee members. In such context, Circular No.169 is issued by the SRA, which sets out the manner in which the meeting for appointment of the developer is to be held. A representative from the Cooperative Department by following the procedure as notified by SRA, which includes issuance of notice of meeting for selection of a developer, video- graphing of the meeting, biometrics, counting of votes cast under the statutory ballot constituency. After selection of the developer with 51% consent of slum dwellers, a proposal is submitted by the developer through its architect to the SRA for further permissions/scrutiny.
144. In regard to the consideration of claims as per the procedure prevailing as on date, it is the SRA's contention that the developers and Societies earlier were submitting incomplete proposals for blocking slum schemes. Such issue was considered by this Court in the case of Atesham Ahmed Khan & Ors. vs. Lakadawala Developers Pvt. Ltd. & Ors.,51. The Division Bench in the context of incomplete proposals has made significant observations:
51 2011 (3) Mah. L.J. 604 Page 129 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:50 ::: SMWP1_2024.DOC "10. The grievance, however, of the petitioners relates to the consequential directions that have been issued by the High Power Committee. The Committee has directed the Slum Rehabilitation Authority to obtain a report of the Competent Authority which was to verify draft Annexure-II submitted by the Architect of the first and second respondents. Now, in this regard it would be necessary to note that when a proposal is submitted by a proposed Co-operative Housing Society of slum dwellers the application is initially accepted and verified. The applicant is then required to pay the scrutiny fees upon which a scrutiny is conducted. Draft Annexure II containing a list of slum dwellers is thereafter forwarded by the Slum Rehabilitation Authority to the Competent Authority for verifying the names of eligible slum dwellers. In the case of public lands which are of the ownership of the State Government, the Additional Collector (Encroachment and Removal), who is the Competent Authority, has to verify draft Annexure -II containing names of slum dwellers who are eligible to participate in the Slum Rehabilitation Scheme and to certify it. At the stage when an application is submitted before the Slum Rehabilitation Authority, the application, as it stands, must indicate that the applicant fulfills the requirement of the requisite consent of 70% of the slum dwellers.
The claim of the applicant is thereupon subject to scrutiny. But before the question of scrutiny arises, the application must on its face indicate that it fulfills the requirement of 70% consents. Hence, we find merit in the contention which has been urged on behalf of the petitioners in these proceedings that an application which on its face does not fulfill the requirement of DCR 33 (10), must be rejected. The applicant cannot be allowed to progressively make up a deficiency in an application which does not ex facie fulfill the conditions on the date when it is submitted. In view of the judgment of the Division Bench in Awdesh Tiwari, the submission of an application operates to exclude all other Societies from having their applications received and processed by the Slum Rehabilitation Authority in respect of the scheme. Since the effect of the acceptance of the first application is to exclude from scrutiny all other applications until the scrutiny of the first application is complete, it is the bounden duty of the applicant to ensure that the application is complete in all respects and does not suffer from any deficiency. Any other construction would lead to the undesirable result that an application which is otherwise deficient and incomplete can progressively be improved upon over a prolonged period of time leading to a delay in the implementation of the Slum Rehabilitation Scheme. Moreover, the mere submission of an application, however deficient, will operate to block ail other applicants. This could not possibly be the intent underlying DCR 33(10). Again it must be emphasized that the underlying logic of the judgment of the Division Bench in Awdesh Tiwari (supra) is to exclude the possibility of undesirable competition by unscrupulous elements resorting to extraneous means in the implementation of slum schemes. Hence the first applicant must act bona fide and in compliance with law by submitting an application which fulfills the requirements of a valid application. The application must fulfill the essential requirements of a valid application on the date on which it is submitted.
11. Having regard to this position, we are of the view that the Slum Rehabilitation Authority, in pursuance of the directions that were issued by the High Power Committee, must verify as to whether the application that was submitted by the first and second respondents was complete in all respects and fulfils the requirements of DCR 33,(10) in order to merit further Page 130 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:50 ::: SMWP1_2024.DOC scrutiny and verification. We are not inclined at this stage to stay the process of verification of draft Annexure-II by the Competent Authority. Ultimately, if the order of the Slum Rehabilitation Authority has to be implemented, it is only necessary and proper that the list of eligible slum dwellers must be certified. Thus while we confirm the order that was passed by the High Power Committee, setting aside the decision of the Slum Rehabilitation Authority dated 26 October, 2006, we do so on the ground that the decision came to be rendered without furnishing an opportunity to the first and second respondents in compliance with the principles of natural justice. We, however, clarify that in this process the Slum Rehabilitation Authority shall determine as to whether the application submitted by the first and second respondents was complete in all respects and met the requirements of DCR 33(10). This must be determined by the Slum Rehabilitation Authority with reference to the date on which the application was submitted. In the meantime, we direct the Competent Authority to complete the process of verification of draft Annexure-II and remit it back to the Slum Rehabilitation Authority."
145. The SRA issued Circular No. 141 to streamline the procedure in regard to the submission of schemes. The said circular was subsequently superseded by a circular dated 31 August 2013, which prescribes the manner in which proposals are to be submitted. This circular is in force till date.
146. The current procedure for the presentation of slum schemes on public lands is governed by Circular No. 144, under which the following procedure is contemplated:-
"5.2.3.1. The promoter / developer/architect is required submit Annexures I to V to the Engineering Department, SRA. The SRA shall first check if there are any slum schemes pending for the land on which slum project is proposed. In case any scheme is pending, the proposal will be rejected forthwith.
5.2.3.2. In case there is no pending scheme, the proposal is inscribed as accepted, and the proposal is returned to the developer for further presentation. The accepted proposal is then submitted by the developer to the Executive Engineer. The Executive Engineer scrutinizes the proposal for having all relevant documents and accepts the same. In case the proposal is incomplete, the same is rejected.
5.2.3.3. The Executive Engineer then forwards the proposal to the relevant departments for their NOCs.
5.2.3.4. Annexures I to VI are given to the relevant departments. The Annexure I to VI are to be submitted in a particular format which is prescribed in the Forms to Circular 144. The details of the Annexures and the Departments are as under:Page 131 of 264
P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:50 ::: SMWP1_2024.DOC Annexure I: Engineering Department of SRA: This document sets out the details about ownership of land, details of plot area, details of existing hutments and their type, computation of tenement density, extent and type of reservations, amenities, FSI available, number of tenements to be constructed including calculation of TDR etc. This annexure is a summary of the scheme which gives an overall perspective of the parameters of development which the developer intends to carry out. Annexure II: Collector SRA/ land owning authority: This document sets out the details of the number of eligible hutment dwellers and the Appendix to this annexure sets out the consents of the slum dwellers. i This is a draft Annexure II which is submitted by the developer which comprises all the slum dwellers who are residing on the plot, eligible and ineligible.
ii. The actual exercise of eligibility commences after the scheme is accepted. The Annexure II is scrutinized by the SRA and based on the documents of each slum dweller the eligibility is decided. In cases where the scheme is proposed on MCGM/MHADA land, the Annexure II is scrutinized and certified by such land owning authority. Annexure III: Financial Department of SRA: This document sets out the financial capability of the developer for undertaking the entire project. i. In this Annexure, the developer furnishes a statement by a Chartered Accountant/Director / Partner certifying the financials of the Company/ Firm.
ii. Tax returns of 3 years and audited income statements of 3 years are required to be submitted.
iii. Bank balance statement certified by the Bank is submitted. iv. The cost of construction of each tenement is Rs. 2,64,000/-. Based on the number of tenements proposed to be constructed, the final figure is required to be specified. Proof of availability of 20% of the amount of such final figure is required to be furnished. v. The funding plan for 80% of the amount as specified above is also required to furnished.
Annexure IV: Town Planning Department: The Sectorial Planning remarks for the proposed S.R. Scheme are offered in consonance with the Development Plan. In this Annexure, the developer is required to furnish the following documents.
i. P.R Cards of the particular land.
ii. CTS Plans.
iii. Kami Jasta Patra (Original).
iv. 7/12 extract if applicable.
v. Notarized copy of the Development Agreement and Power of Attorney.
vi. Notarized copy of the Government Resolution under Section 14 in cases where owners refuse to give consent and the application for land Page 132 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:50 ::: SMWP1_2024.DOC acquisition.
vii. Plot area certificate prepared by the Architect. viii. Plot area calculation by triangular method. Annexure V: Cooperative Department: Compliance of SRA Circular No. 169 is insisted on. With this annexure, the Developer is required to submit a notarized copy of the GBR of the society.
Annexure VI - Deputy Director-Town planning department -With this Annexure, the developer submits the following documents. i. Certified true copy of the DP Remarks.
ii. Certified true copy of the A. E Survey Remarks. iii. Certified true copy of A. E. (Maintenance) - status of road access. iv. Superimposed plans which include the Slum plans / DP Plans/CTS Plans along with the slum boundary.
5.2.3.5. The relevant departments after scrutinizing the proposals submit their reports to the Engineering Department. The Engineering Department on scrutinizing the reports decides whether the same has to be accepted or rejected. On the proposal being accepted, acceptance fees is required to be paid by the developer. In case the proposal is rejected, the same is conveyed to the developer."
147. On behalf of the SRA, the issues which are faced by it in scrutiny of the proposals and more specifically the Annexure II, are to the effect that (i) the process of verification/certification of Annexure II as contemplated by the circulars is found to be time consuming, more particularly by the land owning authority, as the draft Annexure II, after verification by the SRA, would be forwarded to the relevant land owning authority; (ii) The Annexure II declares the eligibility of the slum dwellers. On the certification of the Annexure II, the ineligible slum dwellers resort to proceedings and challenge the certification as also refuse to hand over/vacate their respective tenements; (iii) After the issuance of Annexure II by the competent authority, slum dwellers divide their hutments by creating a partition and during proceedings under Sections 33 and 38, additional homes for divided hutments are demanded. Page 133 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:50 ::: SMWP1_2024.DOC
148. Further, the number of eligible slum dwellers keeps changing, due to certain slum dwellers becoming eligible subsequently. This would affect the number of tenements which the developer proposed to construct. Under the DCR 1991 regime, this would affect the scheme itself since the parameters of the scheme were based on the number of eligible slum dwellers.
149. Submissions are made in regard to the current procedure for presentation of slum schemes on private lands, which are governed by Circular 144A as issued by the Slum Rehabilitation Authority. This is in respect of private lands which are declared as slum rehabilitation areas under Section 3C of the Slum Act. The owners of the private lands would have peremptory rights to implement the slum rehabilitation scheme and in respect of which the proposal which is submitted is scrutinized as per the provisions of Circular 144A. It is issued considering the settled principles of law that after declaration of areas as slum rehabilitation areas under Section 3C, a notice of 120 days is required to be issued by the SRA to the owners/persons whose name is on the Property Record Card to come forward and submit a slum scheme. Also, in case of areas which are already declared as Slum Rehabilitation Areas, and where no slum schemes are being implemented, the SRA, following the decision of this Court as also the Supreme Court of India, issues a notice of 120 days to the owners to come forward and submit a slum rehabilitation scheme. It is also provided that in regard to privately owned lands where the schemes are submitted by the owners, the same can be submitted without obtaining the consent of the slum dwellers. The condition of Annexure No. II required in circular no. 144 is relaxed at the time of submission of the Page 134 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:50 ::: SMWP1_2024.DOC proposal. It is only after the scheme is accepted and before the LOI (Letter of Intent) is issued, such consents are required to be furnished. It is also provided that where the owner does not submit the Slum Rehabilitation scheme as per Circular 144A in 120 days, acquisition of private land as per the provisions of Section 14(1) is initiated and the procedure is accordingly set into motion. Also, the Society of slum dwellers has the liberty to appoint a developer of its choice with a minimum 51% consent of the slum dwellers.
150. Relevant data regarding the slum schemes in Mumbai : As of 30 June, 2025, the Slum Rehabilitation Authority is stated to have received 2784 Slum Rehabilitation Schemes (SRS) under Section 3B of the Slum Act. Out of the said 2784 schemes submitted, 2308 SRS are accepted and 236 SRS are rejected, while 240 SRS are under scrutiny. The ward-wise details with the highest number of schemes in some of the wards are noticed in the following chart:
Present Status of Accepted Schemes Sr. Ward Total Proposal submitted Accepted Under Recorded/ No. Scrutiny Rejected 1 A 9 7 1 1 2 B 1 1 0 0 3 C 0 0 0 0 4 D 11 10 0 1 5 E 12 12 0 0 6 FS 53 48 14 4 7 FN 108 95 12 1 8 GA 70 65 0 5 9 GN 122 119 0 3 10 HE 141 118 8 15 11 HW 161 137 12 12 12 KE 124 75 30 19 13 KW 175 125 40 10 Page 135 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:50 ::: SMWP1_2024.DOC 14 L 41 25 15 1 15 ME 219 208 0 11 16 MW 171 129 18 24 17 PN 120 82 24 14 18 PS 83 68 4 11 19 RC 136 119 7 10 20 RS 96 48 17 31 21 RN 60 46 4 10 22 N 60 34 4 22 23 S 121 78 32 11 24 T 108 77 11 20 Total 2784 2308 240 236
151. Following is the bifurcation of 2308 accepted schemes:
Sr. Regulation No. of No. of Schemes Remarks No. Accepted sanctioned under Schemes schemes (LOI) scrutiny 1 33(10) 1902 1402 500 a) 116 SR Schemes Ann. II received and under scrutiny at various level.
b) 384 Scheme Preparation of Annexure-II is in progress.
2 3.11 45 45 03 33(11) 361 349 12 Proposals are under scrutiny TOTAL 2308 1796 512
152. Following is the summary of Sanctioned 1402 S.R. Schemes under Regulation 33(10) for which LOI is issued:
Relevant Regulation Total number of Number of No of ongoing Sanctioned Completed schemes Schemes Schemes Scheme of 33(10) on Pvt. Land 575 Scheme of 33(10) on Govt. Land 827 566 836 Total Scheme of 33(10) 1402 Page 136 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:50 ::: SMWP1_2024.DOC
153. Following are the details of sanctioned PTC/PAP Schemes:
Relevant Regulation Total number of Number of No of ongoing Sanctioned Schemes Completed Schemes schemes Clause 3.11 of 33(10) 45 30 15 Regulation 33(11) 349 125 224 Total 394 155 239
154. Following is the status of halted Slum Rehabilitation Schemes under Regulation 33(10):
Sr. No. Description Number of Additional Remarks Schemes 1 Non-availability of finance and 82 Action under Section other reasons 13(2) of Slum Act is to be initiated.
2 Developer removed due to 17 Schemes can progress
inefficiency as per Section 13(2) further on the
of the Slum Act appointment of new
developers by Society.
3 Litigation before the Hon'ble 15 N.A.
Supreme Court and Hon'ble
High Court
4 Schemes delayed due to non-
submission of NOC from other
Departments:
A. Coastal Regulation Zones-II 2 Developers have app
("CRZ-II") approached concerned
authorities for NOC but
B. Civil Aviation Authority 4
are yet to receive the
same.
C. Ministry of Environment, 12 Schemes are halted due to
Forest and Climate Change a stay imposed by the
("MoEFCC") & Defence Hon'ble Supreme Court
Department of India.
Total 132
155. The following table provides a ward-wise summary of slum rehabilitation schemes, showing the total number of schemes, total slum dwellers as per LOI, Page 137 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:51 ::: SMWP1_2024.DOC tenements handed over to eligible slum dwellers, PAPs and PTCs sanctioned as per the last revised LOI, PAPs and PTCs actually handed over, and the total rehabilitation tenements completed.
Total Nos. Total Nos. of Nos. of
Nos. of Nos. of Rehab
of Schemes Total Slum T/s handed PAPs as No of PTCs
PAPs PTCs as per tenements,
Ward (33 (10), 33 Dwellers as over to per last Handed
Handed last revised PTCs and
(11) & 3.11 per LOI eligible slum revised Over
Over LOI PAPs (4+6+8)
of 33 (10)) dwellers LOI
1 2 3 4 5 6 7 8 9
(4+6+8)
A 6 8002 3095 324 0 0 0 3095
D 6 3897 2808 54 34 0 0 2842
E 12 1066 930 328 136 0 0 1066
FN 68 25324 23241 2175 168 49 49 23458
FS 35 15688 7423 705 100 190 46 7569
GN 53 9034 5852 357 90 206 0 5942
GN
65 9056 8448 804 393 622 612 9453
(Dharavi)
GS 54 28409 15208 913 109 0 0 15317
HE 95 28576 12234 3152 711 359 246 13191
HW 116 24834 5616 2363 855 1331 30 6501
KE 159 36379 15469 5733 2805 1217 600 18874
KW 176 31360 12352 5221 431 2449 372 13155
L 81 10040 4527 47875 34086 1133 275 38888
ME 47 17696 2497 44700 32339 293 186 35022
MW 71 20241 4725 22351 18370 478 82 23177
N 124 28488 6499 5863 617 1353 76 7192
PN 125 40994 19379 4853 719 3766 1587 21685
PS 58 15319 5448 1824 255 128 114 5817
RC 99 18486 4861 3369 917 53 11 5789
RN 46 9488 4598 1773 1079 402 96 5773
RS 97 27680 8747 5108 978 3612 798 10523
S 117 15640 1297 1520 246 0 0 1543
T 86 9384 3998 4286 294 3229 145 4437
Grand
1796 435081 179252 165651 95732 20870 5325 280309
Total
156. Steps taken for identification of slums and slum dwellers :-
(1) The SRA has employed advanced technology to identify slum areas, slum hutments and slum dwellers residing in such hutments and also their eligibility for allotment of permanent alternate accommodation. The SRA, by appointing specialized agencies, has carried out an extensive mapping of Page 138 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:51 ::: SMWP1_2024.DOC slums areas in Mumbai and is also linking the hutments in such slum areas with the slum dwellers residing in such hutments.
(2) Since 2022-23, the SRA has relied on methods such as drone surveys, satellite and GIS mapping, geo - tagging and biometrics to holistically identify the slum areas and slum hutments existing in such areas as also their eligibility. The different processes as adopted are:
(I) Current process of identification of slums and slum dwellers -
(i) Marking of slum cluster boundaries using satellite images and topographical survey and DGPS survey:- 1) The SRA has acquired satellite images for areas of Mumbai and identified slum clusters. From the images, the SRA has identified the patches / clusters of slums and its outer boundaries; 2) The SRA has appointed an agency to physically verify the boundary based on the satellite images. Such designated persons visit the slum clusters and physically identify the boundaries of such clusters. This process is called as 'topographical survey'; 3) At the time of survey of boundaries, the designated person also places digital markers / identifiers on the boundaries which makes the identification of boundaries even more accurate. These points are known as 'Differential Global Positioning System Points' (DGPS Points). The process of identification of the boundaries based on such DGPS Points is called as the DGPS Survey; 4) The SRA has taken a decision to ascertain the encroachments of slums through satellite images from Bhaskaracharya National Institute for Space Page 139 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:51 ::: SMWP1_2024.DOC Application and Geo Informatics (BISAG-N); 5)Also, a mobile application will be provided by BISAG-N based on the area identified as slums through satellite maps. An outer boundary is identified. Through the satellite images, the structures which are within the slums, are also identified. Further, in the event of any encroachment/new addition in the slum areas within and outside the boundary, an encroachment trigger gets activated on the application, notifying such encroachment. Such data can be used by the SRA in the sanctioned / on-going scheme. This application will help the competent authorities to issue notices to the unauthorized structures and initiate relevant action of demolition under the Slum Act.
(ii) Drone Survey and GIS Mapping :- 1) Based on the satellite imagery and topographical survey, high resolution images are taken by aerial photography carried out by drones, being the drone survey. By clicking high resolution images of slum clusters, the SRA is able to identify a reasonably accurate number of hutments which exist on the lands. These hutments from the air appear in the shape of polygons. Based on the number of such polygonal shapes which appear in the drone photography, the number of hutments is determined; 2) By identifying the number of hutments by drone survey, a base map of the number of hutments is prepared. This map is known as a 'Geographic Information System Map'.
On such map, a demarcation of each hutment is made and boundaries of such hutments are identified in respect of each of the hutments in the cluster.
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(iii) Biometrics :-
Sensitisation meetings :- It is contended that before commencing the actual door-to-door surveys in the slums, in order to make people aware of the process of identification of hutments, sensitisation meetings were held where the experts and officers from SRA explain to the slum dwellers the nature of the exercise being undertaken and their legal rights.
Door to door survey :- Also, there is a door-to-door survey which is undertaken after the GIS mapping and marking of boundaries of hutments, and after the sensitisation meetings, a physical survey of each hutment is undertaken. The door-to-door survey is carried out by appointing agencies in which the appointed person paints a unique number on each hutment. By visiting the hutment, the following data is collected from each hutment:-
. Hut photos from front and side; (360 degree photograph); . Photos of slum dweller and his family members;
. Self-declaration video from the slum dweller;
. Short video of the inside of the hutment;
. Signed self-declaration from the slum dweller;
. Available proof of existence of the hutment from year before 2000-
2011 and additional documents such as electricity bills, survey receipt from the year 2000, Gumasta licence, etc. . Aadhar Card details and biometric of hutment occupant.
. Hutment measurements. Page 141 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:51 ::: SMWP1_2024.DOC
Geo - tagging :- Further, there is geo-tagging on the hutments being marked and being given a unique number, such tenement is linked with the hutment as visible on the GIS Map. This linking/tagging of each such hutment on the GIS Map is known as Geo-tagging. After such tagging, the details of each hutment, dwellers of the hutment and all details acquired during the door to door survey get linked with the GIS Map.
(iv) Slum Information Management System:- After the entire data as aforesaid is gathered, the same is fed into a data system which contains all particulars from the satellite imagery to the biometric details of each slum dweller. This database is known as the Slum Information Management System (SIMS).
The following are the details of the extent of the survey carried out by the SRA:-
Total number of Slum Clusters - 2599
Total number of Huts to be surveyed - 1379086
Drone Survey Completed (GIS) - 1078746 (out of 1379086)
Total numbering done - 848426 (out of 1078746)
Total Biometric Survey done - 577782 (out of 833668)
Total Annexure II issued - 3,81,029 (out of 577771)
Total Annexure II in process - 1,96,742
Auto - Annexure - II :- It is stated that preparation of Annexure-II has historically been a time-consuming process. To streamline, simplify and expedite this process, the SRA introduced the Auto Annexure-II in the Page 142 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:51 ::: SMWP1_2024.DOC year 2021. This is a process of generation of the list of all eligible slum dwellers by relying on the Geo-tagged hutments, the electoral roll / documents available and the Aadhaar Card of slum dwellers. After collection of the biometric data, all the relevant documents including the electoral roll, Aadhaar card, electricity bills, photopasses etc. are aggregated in the SIMS and a comprehensive list of names and supporting documents is generated and it is based on such available documents that the eligible and non-eligible slum dwellers are identified and this becomes the Annexure II. In the year 2023, the SRA developed a software application through an agency that integrates data from various authorities, including electricity distribution licensees (BEST, Adani, TATA), and includes information from sources such as the Electoral Roll, Shop Establishment License, Photo Pass etc. to ensure that no false or forged documents are submitted by slum-dwellers. Additionally, for increased transparency, the SRA has also started publishing certified Annexure-II documents on their official website to make them publicly available. Database of beneficiaries in existing rehabilitation schemes - To identify if a slum-dweller has previously secured an allotment, the SRA has issued a tender for the creation of a database of rehabilitation/PAP/PTC tenements allotted since its inception. The SRA has developed an online application called "Transfer of Tenements" to digitize the entire process of transferring tenements, including application submission, online fee payment, and issuance of NOC for transfer. It is stated that this database would ensure Page 143 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:51 ::: SMWP1_2024.DOC that slum-dwellers who have been accommodated in slum schemes already, do not get any new tenements in other slum schemes. The purpose of inclusion of PAP and PTC in the database is to ensure that the dwellers who are already accommodated in such PAPs / PTCs are also identified in order to avoid multiple allotments being made to the same dweller. Online procedures :- It is stated that the SRA has computerized several processes and made them online. Processes such as the Rent Management System, Slum Information Management System, Auto Annexure-II, online allotment of tenements through a lottery system, etc have been made online. The SRA has also implemented an Online Visitor Management System whereby the visitors of the website can interact with the SRA and clarify queries which the visitors may have.
157. Improvements made to the process of selection of new developers and proposed steps for improvement in the selection process.
(i) Robust Panel of developers: The SRA has stated that in order to identify developers with sound financial and experience in implementing slum and infrastructure projects, the SRA with the assistance of the State of Maharashtra is in the process of 'creating a robust panel of developers based on criteria specified'. In such context,through a public notice, applications were invited from developers and a proposal for the empanelment of developers in three different categories i.e., A, B and C was submitted for approval to the State Government after a technical and financial scrutiny of Page 144 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:51 ::: SMWP1_2024.DOC the applications. It is stated that the State Government has approved 15 developer firms/companies in A category, 9 in B category and 6 in category on 6th June 2023. The SRA has received an application for empanelment by 20 other developers. The SRA has recommended the empanelment and the same is subject to the approval from the State Government.
(ii) Conditions of empanelment of developers - For the purpose of empanelment, the SRA and State Government have imposed certain criteria such as financial wherewithal, prior experience in implementation of slum projects etc., the details of which are stated to be as under:
Sr. Developer Technical Criteria Financial Criteria Infrastructure Experience No. category 1 A Developer has The Developer should The Developer should completed real have minimum net have experience in Real estate Projects with worth of INR 25 Estate Development of Occupation Crores. & Working more than 5 years. & Certificate, at least capital worth of INR The Developer should not 5 Lakhs Sq. Ft. or 25 Crores & Working be Debarred/ Disqualified/ Rera Carpet Area. capital-in-hand of INR Defaulter or any court 5 Crores & cases pending against Bid capacity:- promoters/company during minimum 75 Crores or last 5 years.
more 2 B Developer has The Developer should - do -
completed Real have minimum net
Estate Projects worth of INR 12.50
with Occupation Crores. &
Certificate, at least Working capital-in-
2.5 Lakhs Sq. Ft. hand of INR 2.5 Crores
or Rera Carpet &
Area. Bid capacity:-
minimum 37.5 Crores
or more
3 C Developer has The Developer should - do -
completed Real have minimum net
Estate Projects worth of INR 5 Crores.
with Occupation & Working capital-in-
Certificate, at hand of INR 1 Crores
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least .125 Lakhs Sq. & Bid capacity:-
Ft. or Rera Carpet minimum 25 Crores or
Area. more
(iii) Proposed steps being considered by SRA :- To strengthen the
verification process of a developer's financial capacity, the SRA is considering several key proposals- to consider the financial strength of the Developer, the cost of construction of tenement is increased as earlier the cost of construction was Rs. 2,64,000/-. On that basis, 20% of the amount was required to be available with the Developer and the source of funds for the balance was required to be furnished. The SRA is now considering increasing the cost of construction per rehabilitation tenement to Rs. 12,50,000/-. It is stated that limiting the validity of a developer's financial assessment is being limited to six months, when the financial capacity of a developer is assessed.
It is further stated that after the expiry of this period, it will have to be reassessed before issuance of acceptance or LOI. To ensure viability, the financial capacity will be reassessed on an annual basis from the date of issuance of Financial Controller's FC-NOC/Annexure-III until issuance of OC for rehabilitation of buildings is issued. During such reassessment, if it is noted that no notable progress has been made on the project for 'over a year', automatic cancellation of FC-NOC/Annexure-III will be considered to prevent further delay and misuse.
Delay in implementation of the slum schemes and steps taken to avoid /remedy delay.
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158. The followings are stated to be the causes for delay:-
(i) Financial incapability - It is observed by the SRA time and again that once the developers have secured the schemes, no work is carried out and there is inexplicable delay in implementation and completion of schemes.
The developers, while executing the project face various financial difficulties. The developers take loans by mortgaging the free-sale components and further complicate the implementation of schemes. Very often, the developers become financially incapable of implementing the project and such project then gets stuck.
(ii) Waiting for schemes to become more lucrative and trading of schemes. It is observed that developers, after taking projects, wait for projects to become financially more viable and lucrative by waiting for a policy to change etc. Developers also trade 'slum schemes' away to other developers either by way of transfer of shares of the developers company or by way of outright sale of the scheme. Such transfers create new hurdles which delay schemes further.
(iii) Injunctions by Courts. In many slum projects, it was observed that the slum scheme itself was on a land which was reserved as an open space. Such slum schemes were held up and no proposals were processed in accordance with the directions given by this Court in the case of NGO Alliance for Goverance and Renewal (NAGAR) & Ors. vs. State of Maharashtra & Ors. [Cityspace]52. In other slum projects, where the developer has been terminated and orders have been passed by the CEO-SRA and the AGRC, 52 2025 SCC OnLine Bom 2425 Page 147 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:52 ::: SMWP1_2024.DOC the parties have challenged the same by filing Writ Petitions before the Hon'ble Bombay High Court and have obtained injunctions staying the schemes. Due to the pendency of such matters, the scheme itself gets delayed.
159. Power exercised under Section 13 (2) of the Slum Act. In order to deal with the delay in SRA projects and the circumstances where schemes are being carried out contrary to approvals, powers have been conferred on the SRA to terminate the mandate of the developer under Section 13 (2), either on a complaint by the members of the Society, or suo motu by the SRA itself. There are other decisions of the Court on such issues.
160. It is stated that the power under Section 13 (2) is not exercised only for delay in implementation of the scheme, but also for any construction carried out in violation of the plans sanctioned under Section 12 (10) of the Slum Act or any contravention thereof. Further, the SRA has also exercised such power for non- payment of transit rents to the sum dwellers.
161. The following table, according to the SRA, would depict proceedings under Section 13 (2) of the Act in the past 5 years:-
Year Total Applications Proceedings under Pending Received 13(2) completed Proceedings 2020-21 36 36 0 2021-22 49 49 0 2022-23 62 57 5 2023-24 65 65 0 2024-25 84 79 5 Total 296 291 5 In accordance with Circular No. 169, the SRA has also conducted General Meeting of the societies of slum dwellers and 27 General Body Resolution been Page 148 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:52 ::: SMWP1_2024.DOC passed in the year 2024-2025 for the change of developer.
162. Steps taken to revive stalled projects - It has very often been noticed that projects are stalled due to lack of availability of sufficient finances. The projects get stalled and then complaints are filed under Section 13 (2) of the Slum Act for termination of such developers due to delay in implementation of the schemes. It was also observed that certain developers availed finances from financial institutions and despite such finances, fail to implement the schemes. (Where does the finance go?) To address such situations, the SRA and the State of Maharashtra have introduced measures. On 20 April 2022, 517 SRS [including schemes on private plots under Regulation 33(11) and 33(14D)] approved prior to 2014 were identified as delayed due to non-compliance with requisite conditions on the part of developers. Also, the Housing Department issued a Government Resolution on 25 May 2022 by which it approved two options to implement the stalled schemes: (a) Appointment of Developers by adopting a bidding process; (b) an Amnesty Scheme. Additionally, there is a joint venture policy floated by the State Government to tackle stalled projects.
163. Appointment of Developers by adopting a bidding process - On 20 April 2022, the SRA, after ascertaining the details of stalled schemes had issued an order rejecting / recording 517 slum schemes which as per the records of the SRA had become dormant and no redevelopment process in the same was being carried out. The said decision came to be challenged before this Court and the same was set aside as a blanket order. The Hon'ble Court directed that individual Page 149 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:52 ::: SMWP1_2024.DOC notices be sent to developers who have delayed implementing the schemes.
164. The status as on 30 June 2025 of the said 517 schemes recorded on 20 April 2022 is stated to be as under:-
Present Status as on 30th June 2025 of 517 schemes (recorded on 20th April, 2022) No. of Nos of schemes No. of Nos. of S.R. Closed for Pending Schemes under sec. 33(14)D, schemes where schemes in Order S.R. Repeated and action needs to which developer S.R. Schemes Inadvertently be initiated. terminated. Schemes. included in the list.1 2 3 (2-1) 4 5 6
517 31 486 312 12 126
165. The SRA has scrutinized each of the 517 schemes and found that out of these 517 schemes, some were included inadvertently. 486 schemes are stated to be identified for further action. The SRA initiated action under Section 13 (2) by entrusting the scheme to any agency or other developer recognized by it after giving an opportunity of hearing. It is stated that the SRA is appointing developers by adopting a bidding process in slum rehabilitation schemes through a tendering process.
166. It is stated that out of the 517 schemes, orders have been issued in case of 306 schemes wherein either new developers have been appointed or some existing developers have been retained.
167. It is stated that tenders were invited for stalled schemes on 'Government lands'. The SRA floated a tender for 10 stalled schemes in respect of which the mandate of the developers was terminated. On 2 June 2025, a tender was floated and bids were invited for implementing and completing such stalled projects, to Page 150 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:52 ::: SMWP1_2024.DOC be submitted by 19 June 2025. However, no bids were received. There were three extensions granted for submission of bids. The last extension was till 25 July 2025 and only one bid was received for one scheme. The response to the process of tendering has been poor.
168. Amnesty Scheme - It is stated that several developers, despite having financial backing from recognized financial institutions, failed to complete the slum rehabilitation schemes, adversely affecting both slum dwellers and the financial institutions involved. Neither the SRA nor the State Government maintained any records of the financial institutions that had invested in the State's slum rehabilitation schemes. These financial institutions had an interest in ensuring that the development is completed.
169. Consequent thereto, the Housing Department issued a Government Resolution dated 25 May 2022, allowing financial institutions regulated/ recognized by the Reserve Bank of India (RBI), Securities and Exchange Board of India (SEBI), or the National Housing Board (NHB) to send in applications under the said amnesty scheme. Once a proposal from any financial institution is accepted, they would be recorded as co-developers of the scheme.
170. It is sufficient for the Committee of the Government to appoint the developer/financial institution. A separate resolution of the Annual General Meeting is not needed. The 5% premium that is otherwise payable because of change of developers does not apply in such cases. The financial institution must complete the slum rehabilitation scheme within the agreed timelines. It must pay Page 151 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:52 ::: SMWP1_2024.DOC transit rent to eligible slum dwellers without fail. Further, the matter of pending transit rent must be discussed with the CEO (SRA) and the slum dwellers' association, after which a consensus must be reached on payment of transit rent, failing which the Letter of Intent is not issued. Submission of Annexure III, in relation to the financial capacity to be established, is mandatory. The details of the schemes received till date are stated to be as under:
Details of Amnesty Applications Sr. Name of Financial Institution No. of Accepted Dropped No. Schemes Schemes Schemes 1 JC Flowers Asset Reconstruction Private 3 3 0 Limited 2 Piramal Capital & Housing Finance 10 5 5 3 IIFL Finance Limited 16 9 7 4 Edelweiss ARC 2 2 0 5 ACRE 4 2 2 6 Sanghvi Finance Pvt Ltd 1 1 0 7 Thar Commercial Finance Ltd* (Veena 1 1 0 Developers) 8 India Bulls 1 1 9 HDFC (PN) 1 1 10 Yes Bank 2 2 11 Wadhwa Group Holding Pvt. Ltd. 1 1 12 HDFC & Lodha / Macrotech Developer 1 1 Limited* (KE) 13 M/s Mack Star Marketing Pvt. Ltd 1 1 14 Inspira realty 1 1 15 OMKARA assets Reconstruction Pvt Ltd 1 1 16 Omkar Realtors and Developers Pvt. Ltd. 1 1 Total 47 23 24
171. It is stated that as a result of the Amnesty Scheme, 157.73 Crores of outstanding rent was recovered and paid to slum dwellers. In addition, two years advance rent was also deposited as per Circular No. 210. Steps taken to monitor delay in schemes activated under the Amnesty Scheme -
172. The SRA introduced the following measures to ensure that the schemes Page 152 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:52 ::: SMWP1_2024.DOC activated under the amnesty scheme are completed on time and the delay does not defeat the purpose of the legislation, such as submission of bar-chart. The developers are directed to submit Bar Chart and Critical Path Method (CPM) charts depicting the exact time frames in which various phases of the redevelopment project are to be completed as a registered undertaking to ensure time-bound completion of projects. Also the developers are required to furnish date-wise/stage-wise progress reports of existing SRS, if any, before the sanction of FC-NOC/Annexure-III. It is stated that in cases where existing schemes of the developer are delayed or incomplete, the developer will be required to demonstrate the financial capacity to carry out the existing as well as new projects. Also, the concerned developer implementing the scheme is required to submit a bar chart outlining the deadlines of the project and also submit a phase wise programme of implementation of the S.R. Scheme. On failure to implement the scheme in a timely manner, a Show Cause Notice is given for the delay caused. The developer is terminated if no satisfactory explanation is offered. Such proceedings for termination of the developer are undertaken either on the complaints received, or suo-motu.
173. Submissions of monthly progress reports are made mandatory for developers and architects. Also in regard to some of the schemes approved under the amnesty scheme where progress is not being made / rent not paid, action has already been initiated.
Steps taken for redevelopment of public lands by public authorities. -
174. The slum rehabilitation schemes on public lands are carried out in Page 153 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:52 ::: SMWP1_2024.DOC accordance with the provisions of the DCPR 2034. In order to ensure that public lands do not go for free and the authority owning the land does not suffer a loss due to implementation of the slum scheme and to safeguard the interest of the Government/Statutory authorities various provisions have been introduced in the DCPR 2034. In such context, Regulation 33 (10) (1.11) provides for a payment of premium of 25% of the Annual Statement of Rates to the landowning authority. Further, the land on which free - sale component is constructed is given on lease and power has been conferred on the SRA to determine the lease rent payable. In addition, any reserve lands on the property also become free of encroachments. It is stated that carrying out of the slum rehabilitation projects on the said land also leads to the creation of PAPs, which had been handed over to the SRA and in turn creates a pool of housing which is utilized by various authorities.
175. In the recent past, the State Government, the SRA and other planning bodies have endeavoured to undertake redevelopment of slums themselves on a joint venture basis. Policies have been brought into force by the State of Maharashtra to ensure smooth implementation of such schemes which are undertaken by the planning bodies themselves. The SRA has itself undertaken to carry out slum schemes. The relevant policies are as under:-
(i) SRA acting as the developer itself - In the recent past, the SRA has acted as the developer of the projects for implementing the Slum Scheme.
One such example is the rehabilitation of slum dwellers occupying the site where the Sahityaratna Lokshahir Annabhau Sathe Memorial is proposed Page 154 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:52 ::: SMWP1_2024.DOC to be constructed. The area had 640 slum dwellers. The State Government approved this project as a vital project on 11th March 2024 and approved an estimate of Rs. 305 crores as the project cost. The SRA will be implementing this project and all project-related costs will be spent from the SRA's account. This project will have approximately 520 residential units and 120 commercial units.
(ii) Joint venture with Public Authorities - With a view to ensuring that public lands on which the mandate of the developers had been terminated could be expeditiously developed, a decision was taken by the Government that in such circumstances, the land may revert to the land owning agencies who would then complete the scheme within a 3 year time frame. The target is to create 2 lakh affordable tenements as a pool of housing.
176. The State Government in such context, approved a joint venture policy and issued a Government Resolution dated 21 September 2023 prescribing certain terms and conditions for the implementation of this policy. The terms and conditions being :(i)Projects where a developer is unable to complete the project and it remains stalled will be completed through a joint venture arrangement;
(ii) The process stipulated under the Slum Act for changing the developer will be adhered to.
(iii) An economic and technical feasibility study must be conducted Page 155 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:53 ::: SMWP1_2024.DOC prior to the handover of the scheme to the public authority.
(iv) An agreement must be executed between the SRA and the relevant public authority concerning the project.
(v) The SRA will act as the Planning Authority for these schemes.
(vi) The local authority or civic body will be responsible for constructing the rehabilitation and sale components of the projects. They will then be permitted to sell the sale component in the open market under the 'affordable housing for all' scheme to recover construction and other associated expenses.
(vii) The public authority will be tasked with providing transit rent and accommodation to the displaced slum dwellers.
(viii) For stalled projects, the concerned authority/body must pay to the old developer the amount determined by an SRA empanelled valuer for the costs incurred by the old developer.
On the basis of the Chief Minister's announcement, the Housing Department vide letter dated 26 June 2024 directed the SRA to submit a proposal for implementation of joint venture schemes with various government agencies i.e., BMC/ CIDCO/ MIDC/ MahaPREIT/MHADA/ Mumbai Metropolitan Region Development Authority ("MMRDA")/ Maharashtra State Road Development Corporation Limited ("MSRDC"), etc. As a result, 228 schemes have been allocated to public authorities like the BMC, CIDCO, MAHAPREIT, MHADA, MSRDC. The details of Page 156 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:53 ::: SMWP1_2024.DOC which are as under:-
Sr. Government / Semi-Government No. of No. of Tenements No. Organization Schemes 1 Brihanmumbai Municipal 77 51,002 Corporation 2 MHADA 24 33,915 3 MMRDA 5 28,050 4 MSRDC 46 27,649 5 CIDCO 6 25,740 6 MAHAPREIT 57 26,094 7 MIDC 12 25,668 8 MAHA HOUSING 1 813 Total 228 2,18,931 Policy dated 28 March 2025 appointing MCGM as the Planning Authority for slums situated on lands owned by MCGM.
177. The State of Maharashtra on 28 March 2025 in exercise of powers under Section 154 of the MRTP Act issued a Government Resolution appointing MCGM as the planning authority for slums situated on lands owned by the MCGM. The said GR was issued in order to expedite the implementation of slum schemes on MCGM lands.
Transit accommodation and rent -
178. During the implementation of the Slum Scheme, there is an obligation on the developer to provide either transit accommodation or rent till such time the scheme is implemented. However, in a large number of cases, it is found that neither accommodation is given, nor the transit rent is paid. Large arrears of rent accumulated leading to the developer becoming financially incapable and the Page 157 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:53 ::: SMWP1_2024.DOC scheme becoming unviable, is what is observed. The slum dwellers upon not receiving rents, also face further displacement leading to further proliferation of slums. To address these issues, the following measures have been implemented:-
(i) Appointment of nodal officers and notices to pay transit rent outstanding as on 7 December 2022. In 2019, two public interest litigations were filed before this Court concerning the non-payment of transit rent. It was brought to light that a significant amount of approximately Rs. 620 crores in transit rent was pending payment by various developers across 150 schemes as of 7 December, 2022;
This Court directed the SRA to proactively take measures to ensure that the slum dwellers receive transit rent. This Court specifically directed that the SRA should appoint a Nodal Officer and call for representations/ complaints from the cooperative housing societies of the slum dwellers if they have grievances regarding the non-payment of transit rent.
The SRA has appointed 25 ward-wise nodal officers. They have also published information regarding their appointment in various newspapers having wide circulation in Mumbai City and suburban areas and displayed it on the official website of the SRA. Separately, the SRA also issued a notice to the concerned developers asking them to pay all eligible slum-dwellers within 15 days, or face legal action and suspension. Such notices were also published in two local newspapers.
(ii) Appointment of Auditors for determining pending transit rent:- Page 158 of 264
P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:53 ::: SMWP1_2024.DOC While dealing with the issue of non-payment of the transit rent, this Court had also directed the SRA to take necessary action based on the complaints or grievances of the slum dwellers in respect of pending transit rent. It was also noted that this Court noted that the SRA can indicate the action taken as against such representations/complaints on their portal. This was in addition to the individual communications made to the cooperative societies of slum dwellers which are already made.
In furtherance of this direction, the SRA regularly appoints auditors to determine the amount of transit rent pending in respect of societies from which any complaints regarding the non-payment of transit rent have been received. As on 30 June 2025, the position was that the SRA had appointed 155 empanelled auditors. The assessment of pending rent in the 155 schemes is reflected in the following statement:-
Ward Societies / Schemes Auditors Appointed A 0 0 B 0 0 C 0 0 D 0 0 E 0 0 F/S 5 5 F/N 17 17 G/S 7 7 G/N 10 10 L 3 3 M/E 8 8 M/W 2 2 N 3 3 S 6 6 T 6 6 H/E 4 4 H/W 7 7 K/E 12 12 Page 159 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:53 ::: SMWP1_2024.DOC K/W 6 6 P/S 10 10 P/N 22 22 R/S 14 14 R/C 12 12 R/N 1 1 TOTAL 155
179. Based on the transit rent determined by the appointed auditors, the SRA issued notices to the concerned developers asking them to pay all eligible slum- dwellers within 15 days, or face legal action which includes suspension. Such notices are also published in two local newspapers.
180. Circular No. 210 and 210A. - These circulars are issued in furtherance of the orders passed by this Court. The salient features thereof are as follows:-
(i) In respect of new projects at the stage of Annexure III (financial capacity of the developer), the developer is to submit a plan indicating the area proposed to be developed in each phase i.e. Phase I, II, III etc. The developer is required to submit a statement by the architect indicating the number of structures required to be demolished in each phase as well as the area to be developed in each phase.
(ii) Most importantly, the Developers must deposit two years transit rent in advance and one year's rent must be deposited by way of post-dated cheques for the third year for the slum dwellers who would be evicted in the first phase. The Executive Engineers of the SRA are to process the Letter of Intent only after receipt of transit rent,
(iii) The Commencement Certificates shall also be issued in a phase wise manner. For getting permission for further construction, the Developer would be Page 160 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:53 ::: SMWP1_2024.DOC required to deposit 2 years advance rent and postdated cheques for the third year,
(iv) No new proposals of defaulting developers/ firms, and their partners/directors would be accepted until they deposit transit rent,
(v) Defaulting developers will not be appointed as developers irrespective of the consent of slum dwellers in existing proposals of SRS where an agreement with an existing developer is terminated;
vi) Developers that defaulted in providing PAP/PTC tenements to SRA, their SRS proposals will not be accepted;
vii) The Executive Engineer will ensure that PAP/PTC tenements are earmarked in approved plans at the time of intimation of Approval. The Executive Engineer will also ensure that the agreement for PTC/PAP tenements is registered in favour of SRA before the issue of further commencement certificate of free sale buildings. Executive Engineer will restrict to 25% sale commencement certificate [17(3)(D)(b)(6) of the DCPR 2034] till PAP tenements are duly handed over to SRA.
181. It is stated that pursuant to Circular Nos.210 and 210A, the SRA has recovered substantial pending rents of Rs.12,41,58,88,792/- as per the following table:
Statement of transit rent recovered under Circular No. 210 as of 1 August 2024 Sr. Ward Rent Amount Collected From the Developers No. 1 A 36123300 2 B 0 3 C 0 Page 161 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:53 ::: SMWP1_2024.DOC 4 D 0 5 E 16904535 6 F/S 43343565 7 F/N 125804950 8 G/S 123549759 9 G/N 5570091667 10 L 219205799 11 M/E 45612600 12 M/W 509134537 13 N 1800000 14 S 92198366 15 T 275106098 16 H/E 249017899 17 H/W 744781933 18 K/E 1289259792 19 K/W 1377490512 20 P/S 111393600 21 P/N 537645830 22 R/S 129732419 23 R/C 33780247 24 R/N 874910484 Tota 12,41,58,88,792 l Illegal sale of Project Affected Persons tenements and steps taken to meet the same. -
182. In various slum projects, it was noticed by the SRA that the tenements reserved for rehabilitating Project Affected Persons (PAPs) were not handed over by the developer and unlawfully given away to either slum dwellers or sold as free sale units, or despite being handed over were being unlawfully occupied either by ineligible slum dwellers or third parties who claimed to be purchasers of such tenements.
183. PAP tenements are stated to be vital for creating a pool of housing in Mumbai. These tenements are essential for carrying out infrastructure projects and rehabilitating persons affected by such projects. Hence, to ensure that the Page 162 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:53 ::: SMWP1_2024.DOC PAP units are not unlawfully dealt with by the developers, the measures are taken. To prevent the illegal sale of the PAP/PTC tenements by the developers as well as the allotted rehab tenement by eligible slum-dwellers before the lock in period, the following steps were taken:
(i) Developers are required to earmark the PAP/PTC tenements in approved plans, wherever necessary;
(ii) Approved plans are displayed on the SRA website for information to the general public;
(iii) A registered undertaking to be furnished by concerned developers stating that the PAP/PTC tenements will be duly handed over to SRA, and no third-party interest will be created in respect of these tenements,
(iv) Developers are mandated to display hoardings in conspicuous places or at the entrance of the project site mentioning details of PAP/PTC tenements;
(v) Copy of approved plans wherein PAP/PTC tenements are earmarked will be shared with the Maharashtra Real Estate Regulatory Authority (RERA) and the Department of Registration and Stamps (DoRS), requesting them to add it to their record. DoRS will be requested to enter these PAP/PTC tenements in their negative list and not register any agreement with respect to these tenements; and
(vi) In order to prevent the sale of rehab tenements within five years of allotment, the SRA has forwarded the letters to the Inspector General of Page 163 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:53 ::: SMWP1_2024.DOC Registration and Controller of Stamps requesting them to insist on the permission of SRA prior to the registration of the agreement.
Eviction of obstructing slum dwellers under Sections 33 and 38 of the Slum Act.
(i) Section 33 of the Slum Act empowers the competent authority to direct eviction of occupants from buildings on being satisfied that the occupants of the building have not vacated despite an order or direction made by the competent authority. Before ordering such eviction, the competent authority must give a hearing opportunity to the occupant. In most cases, two hearing opportunities are granted to the occupant to present their case and after such hearing and an approval from the CEO, the Competent Authority passes an order of eviction. The Competent Authority also has the power to demolish buildings as per Section 38 of the Act.
(ii) The summary of action initiated under Sections 33 and 38 from 1 April 2024 to 11 November 2025 is set out according to which, 205 applications under Section 38 were received and 6423 tenements were ordered to be demolished, out of which 5162 tenements were demolished and demolition of 1261 tenements is stated to be in progress.
(iii) Staffing the SRA. - 10 appointments were made as Competent Authority (Deputy Collector) for online Annexure-II, 25 Assistant Commissioners of BMC wards are also the Competent Authority for BMC land and there are separate Competent Authority for MHADA land. 3 Deputy Collectors (Special Cell) were appointed to initiate action under sections 33 and Page 164 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:53 ::: SMWP1_2024.DOC 38 of the Slum Act conducting hearings under section 13(2) and 30% Permanent Staff has been appointed as per Government Resolution dated 11 July 2024. Increase in the staff is done to cope with the large number of applications/proposals which are revised by the SRA at various stages.
184. The following documents in regard to the staffing pattern has been placed on record:-
SLUM REHABILITATION AUTHORITY BRIHANMUMBAI Organisational Structure SR. Designation Count Department NO 1 Chief Executive Officer 1 (Senior, Indian (Senior, Indian Administrative Service Officer in Administrative Service the rank of Secretary) Officer) Housing Slum Rehabilitation Authority, Brihanmumbai Department, State of Maharashtra I. Officers/Employees working in Admin Department -
The Slum Rehabilitation Authority, Brihanmumbai, is responsible for supervising the functioning of various departments and maintaining overall administrative control and keeping an eye on financial matters.
Sr. Designation Count Department
No.
1 Secretary (Additional Collector Cadre) Slum 1 Administration and
Rehabilitation Authority, Brihanmumbai Establishment
2 Administrative Officer 1
3 Asst. Administrative Officer 1
II. Officers/Employees working in Deputy Collector Cadre (Special Cell)/SRA (Deputation from Revenue and Forest Department) -
III. They issue Legal Heir certificate and carry out procedure under Section 33(B), Section 33/38 SR.
Designation Count Area of Jurisdiction No
Deputy Collector Cadre Group-A (Special Cell-
1
1) SRA 1 Mumbai city Tahsildar - Group-A 1 Naib Tahsildar - Group-B 1 2 Deputy Collector Cadre Group-A (Special Cell- 1 Mumbai Western
2) SRA Suburbs Page 165 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:53 ::: SMWP1_2024.DOC Tahsildar - Group-A 1 Naib Tahsildar - Group-B 1 Deputy Collector Cadre Group-A (Special Cell-
1
3) SRA Mumbai Eastern 3 Tahsildar - Group-A 1 Suburbs Naib Tahsildar - Group-B 1
IV. Officers/Employees working in Competent Authority 1 to 10/SRA (Deputation from Revenue and Forest Department) -
V. Competent Authority issues Annexure-II and thereby decide eligibility for Slum Dwellers SR.
Designation Count Area of Jurisdiction
NO
Competent Authority 1 (Deputy Collector
1
Cadre) Group-A
1 Mumbai city
Tahsildar - Group-A 1
Naib Tahsildar - Group-B 1
Competent Authority 2 (Deputy Collector
1
Cadre) Group-A
2 Bandra
Tahsildar - Group-A 1
Naib Tahsildar - Group-B 1
Competent Authority 3
1
(Deputy Collector Cadre) Group-A
3 Andheri
Tahsildar - Group-A 1
Naib Tahsildar - Group-B 1
Competent Authority 4
1
(Deputy Collector Cadre) Group-A
4 Oshiwara
Tahsildar - Group-A 1
Naib Tahsildar - Group-B 1
Competent Authority 5
1
(Deputy Collector Cadre) Group-A
5 Malad
Tahsildar - Group-A 1
Naib Tahsildar - Group-B 1
Competent Authority 6
1
(Deputy Collector Cadre) Group-A
6 Goregaon
Tahsildar - Group-A 1
Naib Tahsildar - Group-B 1
Competent Authority 7
1
(Deputy Collector Cadre) Group-A
7 Borivali
Tahsildar - Group-A 1
Naib Tahsildar - Group-B 1
Competent Authority 8
1
(Deputy Collector Cadre) Group-A
8 Ghatkopar
Tahsildar - Group-A 1
Naib Tahsildar - Group-B 1
Competent Authority 9
1
9 (Deputy Collector Cadre) Group-A Kurla
Tahsildar - Group-A 1
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Naib Tahsildar - Group-B 1
Competent Authority 10
1
(Deputy Collector Cadre) Group-A
10 Chembur
Tahsildar - Group-A 1
Naib Tahsildar - Group-B 1
VI. Officers/Employees working in Biometric cell VII.Biometric Survey work is carried out by visiting houses every slum dweller in the slums of Greater Mumbai through external survey agencies appointed by the SRA S.N Designation Count Area of Jurisdiction o 1 Chief Co-ordinating Officer (Biometric cell) 1 Brihanmumbai 2 Naib Tahsildar 1 VIII. Officers/Employees working in Estate Department
1. Distributing PAP flats to newly eligible slum dwellers as per the prevailing norms of the government after the scheme is completed.
2. Taking possession of PAP/PTC flats available in the scheme.
Sr.
Designation Count PAP tenaments
No
1 Estate Manager 1
1) Distributing PAP
flats to newly eligible
slum dwellers as per
the prevailing norms
of the government
2 Sub Engineer 1 after the scheme is
completed.
2) Taking possession
of PAP/PTC flats
available in the
scheme.
IX. Officers/Employees working in Engineering Department - Engineering department deals with work of declaration of slums u/s. 3(C) of Slum Act, accepting Slum Rehabilitation schemes as per SRA circular no.144, giving approvals such as Letter of Intent (LOI), Intimation of Approval (IOA), Commencement Certificate (CC), Occupation Certificate to the Slum Rehabilitation Projects.
S.N
Designation Number Ward
o
1) Mumbai City,
1 Deputy Chief Engineer Group-A 2 Western Suburbs 2)
Eastern Suburbs
1) G/S, M/E, F/S,
A,B,C,D,E,F/N,R/N,
2 Executive Engineer Group-A 6 H/E,G/N,L,R/S
2) H/W, K/W
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3) K/E, M/W
4) N,S,T
5) DHARAVI
6) R/C, P/N, PS
1) A, B,C,D,E,G/N
DHARAVI
2) K/E(s)
3) F/N
4) H/E
5) S
6) K/W
7) P/N(w), PS
8) R/N
3 Assistant Engineer Group-B 17
09) R/C
10) L
11) M/W
12) N
13) R/S
14) P/N(e)
15) M/E,F/S
16) K/E(N)
17) H/W
1) A, B, K/E(S)
2) S(W)
3) R/S
4) K/W(S)
5) F/N, F/S
6)
7) G/N, DHARAVI,
D,E
8) H/E, H/W(N)
9) K/W
10) T(E), S(E), N
11) P/N(W)
4 Sub Engineer Group-C 21 12) P/N(E)
13) K/E(N)
14) R/N, G/S
15) R/C
16) L, P/S
17) K/W(N)
18) T(W)
19) H/W(S)
20) M/W,
ANNABHAU
SATHE
GHATKOPAR
21) M/E, Ramabai
Ambedkar Ghatkopar
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X. Officers/Employees working in (Deputation) Co-operative Department - The proceedings under the Co-operative act are being carried out as per the provisions of the Maharashtra Slum (Improvement, Clearance and Redevelopment) Act, 1971 and the Maharashtra Co-operative Societies Act, 1960 and Rules, 1961. SR.
Designation Count Ward
NO
1) Mumbai City
1 Assistant Registrar Group-B 2 2) Eastern Suburbs,
Western Suburbs
Eastern Suburbs,
2 Co-operative Officer Category 1 Group-C 1
Western Suburbs
Eastern Suburbs,
3 Co-operative Officer Grade 2 Group-C 3 Western Suburbs,
Mumbai City
Officers/Employees working in Land Records Department They work as per the SRA Circular No. 144 and 144A Sr. Designation Number Area No 1 Deputy Director Land Records Group-A 1 Brihanmumbai 2 Conservation Surveyor Group-C 2 Brihanmumbai Officers/Employees working in Town Planning Department /SRA To give Sectorial Planning remarks regarding proposals received under circular no. 144 and 144 A. To give sectorial planning remarks regarding proposals received under section 14(1). To Process proposals received under section 37(1B).
Sr.
Designation Number Area
No
1 Assistant Town Planner Group-A 2 Brihanmumbai
2 Assistant Draftsman 1 Brihanmumbai
Officers/Employees working in Finance Department They issue Annexure-3.
To take action by the Authority for the payment of leave pay and pension contributions of the officers/employees on deputation of the Slum Rehabilitation Authority, Brihanmumbai. Also, the work of verifying the calculation of the amount deposited with the Authority and accepting the amount and maintaining all relevant records of the deposit is done. SR.
Designation Number NO 1 Finance Controller Group-A (Joint Director) 1 2 Accounts Officer Group-A 2 3 Assistant Accounts Officer Group-B 2 4 Deputy Accountant Group-C 1
Officers/Employees working in Slum Rehabilitation Authority, Brihanmumbai office Contractual Retired staff S.N Designation Number o 1 Officer on Special Duty (Retired ACP) 1 Officers/Employees working in Legal Department They are Contractual Staff-Supervising the work of the legal Department, attending hearings Page 169 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:54 ::: SMWP1_2024.DOC and meetings before the Hon'ble Chief Executive officer and performing all other duties assigned by the Hon'ble Chief Executive and secretary.
S.
Designation Number
No
1 Chief Legal Advisor (Retired Judge Family court) 1
2 Deputy Legal Advisor 1
3 Assistant Legal Advisor 1
4 Legal Assistant 5
Officers/Employees working in Apex Grievance Redressal Committee They take action on appeals filed before AGRC under Section 35 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.
S.
Designation Number
No
1 Chief Legal Advisor 2
2 Assistant Legal Advisor 2
3 Legal Assistant 3
Officers/Employees working in Quality Control Cell Contractual (Retired Government / Semi-Government employees) They monitor construction quality of SRA rehab Buildings.
S.N
Designation Number
o
1 Deputy Chief Engineer Group-A 1
2 Executive Engineer Group-A 1
3 Assistant Engineer Group-B 1
4 Sub Engineer Group-C 1
Officers/Employees are contractual staff working in IT cell They are The Information Technology Department of the Slum Rehabilitation Authority is instrumental in driving digital transformation across the organization. It is responsible for implementing technology driven solutions that enhance operational efficiency, ensure data integrity and provide key functions.
S.
Designation Number
No
Chief Information and Technology Officer
1 1
(Retired staff)
2 Information and Technology Officer 1
3 Asst. Information and Technology Officer 2
Steps taken to create a pool of housing.
185. Creation of PAPs from slum projects. - In all the slum schemes which are being constructed as per Reg. 33 (10) (3.12) (C) of the DCPR-2034, the number of rehabilitation tenements to be constructed are required to be as per the Draft Annexure II. This includes the ineligible slum dwellers as well. On final Page 170 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:54 ::: SMWP1_2024.DOC determination of eligibility, in case the total tenements constructed are more than the eligible slum dwellers, the balance tenements are used for housing non- protected occupiers and PAPs. These PAPs which are a part of each slum scheme are constructed by the developer and are to be handed over to the SRA. The PAPs then, as per requirement, may be handed to other public authorities or retained by the SRA.
186. The details of number of PAP tenements received by the SRA and allotted to PAP between November 2017 to 14 July 2024 (period of about 7 years) are as follows:
Sr. PAP tenement handed over between Number of PAP No. November 2017 to 10/11/2025 tenements 1 Received PAP 27742 2 Allotted PAP 24583
(a) MCGM 2563
(b) MMRDA 20190 (c) Deputy Collector 77 (d) SPPL / MMRCL 0 (e) PWD 169 (f) Leave & License 266
(g) Allotment by SRA 1318 3 Balance 3159
(ii) Provisions of DCPR for creation of PAP and PTC tenements.- Regulation 33 (10) (3.12) (C) contemplates creation of PAPs in each Slum Scheme.
Regulation 33 (11) of the DCPR 2034 stipulates creation of Permanent Transit Camps (PTCs) for the SRA. As per 33 (11), the scheme is specifically approved for constructing transit camps which may be used by the SRA for housing slum dwellers from other schemes. These provisions are enacted for 'creating a pool of housing' which may facilitate the vacating of public and private lands. Page 171 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:54 ::: SMWP1_2024.DOC
(iii) Bhonsale Committee. - In the proceedings of Writ Petition (L) No. 8970 of 2023 this Court passed an order on 3 November 2023 observing that there is no policy in respect of PAP tenements and the allocation of such tenements. Accordingly, this Court suggested formation of a Special Task Force for accessing the situation of PAP and various policies in force and also make recommendations to the Government in this regard.
187. Pursuant to the said order of this Court, a Government Resolution dated 22 November 2023 was issued forming a task force headed by Justice Bhosale (Rtd.) to analyse the prevailing policy pertaining to generation, recovery and sharing of the PAP tenements by various planning authorities such as MCGM, MMRDA, SRA etc.
188. The task force held meetings on various occasions and has prepared its Report dated 15 January 2024 assessing the existing policies in respect of generating PAP tenements and giving its recommendations regarding the preferential allocation of PAP tenements. The committee made several recommendations such as formation of Public Project Implementation Authority, whose purpose would be to take note of all ongoing public projects and check the number of persons being displaced by execution of a public project. The committee recommended preparation of a database of all such persons and also a database of PAP tenements available and then allot the PAPs accordingly.
189. The recommendations of the Committee were considered by the State Government and a Housing Policy was prepared accordingly. Page 172 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:54 ::: SMWP1_2024.DOC Housing Policy (2024).-
190. Government Resolution dated 19 August 2024 covering the PAP policy was notified. Under the housing policy, the following obligations are cast on the different authorities:-
(i) The BMC/SRA and MMRDA must devise an action plan to create sufficient housing units in the next 15 years. In cases, where PAP need to be urgently accommodated, they must provide the tenements in 3 to 5 years;
(ii) Excess tenements generated by MHADA and BMC under Regulations 33(7) and 33(9) of the DCPR 2034 must be utilised for PAP tenement allotments;
(iii) CEO, SRA must suggest the MMRDA and BMC to adopt schemes under Regulations 33(10), and 33(10) (3.11) of the DCPR 2034. This would enable the MMRDA and BMC to purchase tenements in bulk from the free sale components under such schemes;
(iv) The Urban Development Department is required to coordinate with concerned departments to make government land and salt pan lands of the Central Government available for the construction of PAP tenements;
(v) Additional incentives in built-up area would be available to developers building PAP tenements.Page 173 of 264
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(vi) In lieu of collecting premium from builders under Regulation 33 (10), the SRA may obtain PAP tenements from developers;
(vii) Process for distribution of PAP flats;
(viii) Consideration to be paid by the BMC/MMRDA to acquire flats from the SRA;
Acquisition of Land as per the scheme of Section 14 as amended under Chapter I-A.
191. Development of slum on private lands by owners of such lands:
(i) The owners of private lands which are proliferated with slums, and which are declared in accordance with law to be slums, can themselves redevelop these lands in accordance with the provisions of the Slum Act as also the circulars issued by the SRA in that regard. Circular 144A pertains to the manner of submission of schemes by owners of the land.
(ii) In order to expedite the submission of the schemes, the owners are exempted from furnishing consent of 51% of the slum dwellers at the time of submission of the schemes. The requirement of furnishing consent is to be complied with before the issuance of the LOI. This measure is introduced in order to expedite the submission of schemes by the owners.
(iii) Under Section 13 (1) of the Slum Act, a proposal is required to be presented by the owners within 120 days of issuance of a notice by the CEO, SRA. The provision has been interpreted by this Court in the case of Indian Cork Mills Private Limited (supra) and Bishop John Rodrigues (supra).Page 174 of 264
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(iv) These decisions have been affirmed by the Supreme Court in the cases of Tarabai Nagar Co-Op. Hsg. Society (Proposed) (supra) and Saldhana Real Estate Limited vs. Bishop John Rodrigues (supra). The Supreme Court has held that a notice of 120 days is required to be given specifically to the owner calling upon the owner to submit a slum scheme for redeveloping the land. In the case of Nagar Co-Op. Hsg. Society (Proposed)(supra), it was held that the owners have a preferential right to redevelop the land and the power to acquire under Section 14 cannot be relied on till such preferential right has been exercised and/or exhausted.
(v) The right of the owners to develop the land is given primacy. Sections 13 and 14 were interpreted in a manner which safeguards the ownership rights of individuals whose lands were proliferated by slums and it is only after the opportunity of redevelopment is granted and the owner fails to come forward, is the process of acquisition resorted to.
Circumstances in which the power of acquisition is exercised. -
192. The power of acquisition is exercised only in cases of total inaction on the part of the owners and only after the prescribed procedure for issuance of notice has been duly followed and no scheme has been submitted. Accordingly, the State Government, in exercise of its powers under Section 14 of the Slum Act, acquires the land by issuing a notification and publishing the same in the Official Gazette.
193. Once the land is vested in the State of Maharashtra, the land is thereafter handed over to the SRA, either by appointing an agency or by allotment to a co- Page 175 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:54 ::: SMWP1_2024.DOC operative housing society of the slum dwellers.
Calculation of quantum of compensation :-
194. The quantum of compensation is determined in accordance with Section 17 to be paid to the owner. Where there is a consensus, the compensation is fixed by agreement between the owners of the land and the State Government, and shall be paid accordingly.
Challenge to the constitutional validity of Sections 14 and 17:-
195. The vires of Sections 14 and 17 were challenged before this Court in the case of Sara Harry D'Mello v. State of Maharashtra (supra). Rejecting the challenge, this Court reiterated that the right to property is no longer a fundamental right. Further, relying on a plethora of decisions, the Court observed that the method of computation cannot be challenged in Courts. It was observed that in case of slum lands, these lands are entirely encroached by slum dwellers and it is in this context that the compensation payable can be calculated.
Grievance and Apex Grievance Redressal Committees. -
196. Following the orders passed by this Court in Tulsiwadi Navnirman Co.Op. Housing Society in the year 2007, the State Government to constitute a High Power Committee (HPC) which would deal with the grievances of slum dwellers, developers and all aggrieved parties. In the year 2017, the Government of Maharashtra constituted the Apex Grievance Redressal Committee and Grievance Redressal Committees. In the year 2023, necessary amendments were made to the Slum Act to introduce the Apex Grievance Redressal Committee and Page 176 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:55 ::: SMWP1_2024.DOC Grievance Redressal Committees. (Sections 34A and 34B).
197. The powers of the Apex Grievance Redressal Committee are as follows:
(i) To hear and dispose of the appeals against the order of CEO/SRA or any officer to whom such powers are delegated;
(ii) To hear and dispose of the appeals against declaration of Slum Rehabilitation areas under Section 3(C) of the Slum Act;
(iii) To hear and dispose of the appeals against clearance orders under section 3(D) of the Slum Act;
(iv) To hear and dispose of the appeals against orders under section 13 of the Slum Act;
(v) To hear and dispose of the appeals against orders under section 33;
(vi) To hear and dispose of the appeals against orders under section 38;
(vii) To hear and dispose of the appeals against orders under section 3(E);
(viii) To hear and dispose of challenges pertaining to LOI, approvals, any order passed by the CEO, SRA or their subordinate officers, rent-related issues and any other grievances.
198. It is stated that the formation and constitution of the AGRC was in consonance with the directions of the Court in the case of Tulsiwadi Navnirman Coop. Housing Society (supra). The said constitution was provided taking into Page 177 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:55 ::: SMWP1_2024.DOC account the fact that the members of the AGRC are people who are aware of the working of the slum laws and also the ground realities. The redevelopment of slums being done for housing of slum dwellers and also to create a pool of housing, the Additional Chief Secretary Housing is made the Chairman of the AGRC. The other members of the AGRC are also high ranking officers who are familiar with planning laws and also the procedures and ground realities of slum rehabilitation. The nature of the proceedings before the AGRC is quasi -judicial and hence, the same is not intended to be a judicial tribunal.
Tenement density and the facilities being provided in slum buildings:
199. It is stated that accommodation in multistorey towers is a reality in Mumbai. Due to the acute lack of space, housing in Mumbai is almost everywhere in the form of tall towers, whether for private residences or public housing schemes. Slum rehabilitation schemes are no exception to this pattern. Further it is stated that an endeavour is made to provide better housing conditions, and all necessary steps are taken to ensure that adequate facilities and amenities are made available in the rehabilitation buildings. Under Regulation 33 (10) (8), facilities such as a Balwadi, Welfare Hall, Aanganwadi, Health Centre, Community Hall, Gymnasium, Skill Development Centre, Women Entrepreneurship Centre, Yuva Kendra, Society Office and religious structures may be provided in the rehabilitation component. Any two of the amenities, apart from the Balwadi and Welfare Hall, may be provided in a scheme. Page 178 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:55 ::: SMWP1_2024.DOC Utilization of FSI. -
200. FSI in slum rehabilitation schemes is provided as per Regulation 33 (10) (3.2) of DCPR 2034. Under DCR 1991, there was a cap on the permissible FSI that could be utilized, which resulted in planning constraints. Under DCPR 2034, the permissible FSI is calculated based on the area required to rehabilitate all the slum dwellers. The free sale FSI is generated as per the Incentive built up area table.
201. A minimum 650 tenements of 300 sq. ft. aggregating to approximately 2100 sq. mts. has to be constructed on a One Hectare plot of land. Depending on the size of the plot, the said figure is proportionately increased or decreased. The free sale component is determined as per the Chart as set out in DCPR 33 (10) (3.2), depending on the area of construction of the rehabilitation component. As per the said Chart, the free sale component ranges between 0.8 to 1.35 times the area of the rehabilitation component depending on the size and location of the plot of land. If the plot of land is an area where the cost of land is high, the free sale component has a lesser percentage than the area where the price of land is lower. If the number of slum dwellers is less, then the balance area of the rehabilitation component has to be made available as PAPs in order to avail of the incentive (3.12 (C) (proviso) of DCPR 33(10).
Corpus amount: -
202. The corpus amount was originally fixed at Rs. 40,000/- per tenement. It Page 179 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:55 ::: SMWP1_2024.DOC was subsequently found that this amount was inadequate for the maintenance of the building. Accordingly, the corpus amount was revised. As per the Notification dated 22 September 2025, the corpus amount is now calculated based on the height of the rehabilitation building. For buildings up to 70 metres, the corpus amount is Rs. 1,00,000 per tenement. For buildings above 70 metres and up to 120 metres, the corpus amount is Rs. 2,00,000 per tenement. For buildings above 120 metres, the corpus amount is Rs. 3,00,000 per tenement only.
Defect Liability period.-
203. As per Circular 108, a Defect Liability Period of 3 years was specified for maintenance of the building after occupation. It was subsequently observed that the said period of three years was insufficient. Accordingly, the SRA vide Circular No. 216 dated 21 February 2024, increased the Defect Liability Period to ten years. A condition to that effect has been incorporated in the LOI, wherein the Defect Liability Period is specified.
204. Also at the time of issuance of the LOI, a bank guarantee of 2% of the construction cost is taken from the developer. This bank guarantee is released only after the expiry of the defect liability period of 10 years. Such circular has been implemented by the SRA and on receipt of such application for any defects which arise in the construction after occupation, the SRA calls upon the developer to remedy the same.
Providing Open Spaces :-
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205. Minimum requirement of space between buildings as per DCR is maintained. At the time of approval of plans, NOC from Fire Department is required to be obtained by the developer. Also before issuing OC, the NOC of the Fire Department has to be obtained. Therefore the allegation of movement of fire-brigade are misplaced. Such issues are duly taken into account in the DCR while providing for the distance between the buildings.
206. As per the provisions of 33 (10), the minimum layout open space requirement is 8%. Hence, when the plots are subdivided for free sale and rehabilitation buildings, the land is divided on the basis of the FSI consumed for the said land and the area which is sufficient to sustain such FSI. Depending on the size of the plot, the open spaces are accordingly divided.
"Response to the suggestions note on behalf of the Amicus dated 28th November 2025 I. Declaration of slums and rights of landowners.
1. Policy of housing of SRA.
1.1. Presently, the policy is as under:
i. Premises are given on ownership basis free of cost to eligible slum dwellers who are occupying tenements in slums prior to 2000.
ii. Allotment of tenements on ownership basis to occupiers in slums who are occupying tenements in slums from the years 2000 to 2011 on payment of Rs. 2,50,000/-.
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2. The grant of premises on ownership basis to slum dwellers.
2.1. The grant of premises on ownership basis to occupants is a policy decision of the Government of Maharashtra as incorporated in the legislative scheme, which has been in force in the State of Maharashtra right since inception. The same is balancing the right to housing which is treated as a part of right to life under Article 21 of the Constitution of India of slum dwellers, and the right of the society to remain free from squalid and insanitary conditions and the danger posed by slums.
2.2. The statutory audit of the functioning of the Slum Act does not envisage the reassessment of the entire legislative scheme and the policy of the Government. The present scope of the matter does not envisage considering the validity of the existing laws or to disturb the entire legislative policy but rather to consider how the legislative policy as incorporated in the statute can be more effectively implemented.
3. Private lands and protecting landowner rights.
3.1. The SRA in Note II dated 12th November 2025 in Chapter XIV (pg. 85) sets out the entire process of acquisition which is envisaged under the Slum Act. Further, the SRA has set out in the Page 182 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:55 ::: SMWP1_2024.DOC said Chapter the process being followed pursuant to the decisions rendered by the Hon'ble Supreme Court. The Learned Amici in the Suggestion note have placed reliance on the earlier decisions of the Hon'ble Bombay High Court in the case of Bishop Rodrigues, Anil Gildas Shah and Indian Cork Mills. These decisions have been extensively considered by the Supreme Court in the cases of Tarabai Nagar Co-Op. Hsg. Society (Proposed) (supra) and Saldhana Real Estate Limited vs. Bishop John Rodrigues (supra)(see Note II, pg.
85) Taking into account these decisions, the SRA in its note has set out the procedure followed. The entire process of notice under Section 13(1) to the owner giving the owner an opportunity to develop the property on which there are slums is now governed by the aforesaid decisions of the Hon'ble Supreme Court. The procedure set out by the Supreme Court is now to be strictly followed by the SRA and the State Government. (Please refer to Chapter XIV, Note II, pg. 85 submitted by the Advocate General) 3.2. As regards "Title Disputes" (Point 10), SRA issues notice to the owners whose names are mentioned in the property card and does not recognize the ownership claims of a person whose name is not in the property card. Such claims are left to be adjudicated in appropriate forum.
3.3. As regards "Time-Bound Implementation" (Point 12), if the owner presents the scheme and thereafter does not carry out Page 183 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:55 ::: SMWP1_2024.DOC development effectively, the power vested under Section 13 can always be exercised by the SRA as in any other scheme. The power under Section 13 is exercised suo-moto by the SRA.
4. Government owned lands.
4.1. The SRA in Chapter VI - Note II (pg. 49) has extensively set out the scientific procedure which is presently being followed to identify all lands on which there are encroachments. This procedure will ensure that, in future, a comprehensive data of all slums and slum dwellers is readily available and all slums are identified, be it on public or private lands.
4.2. As regards "accountability and prevention of further encroachment" (Point 13), in para 6.3.1.5 (Note II, pg. 50) SRA has set out that steps are also being taken to develop an application to track encroachments. In case of any fresh encroachments, such application will raise an encroachment trigger and notify the authorities of such encroachment. This is to try and ensure that no further encroachment takes place. Once the entire process set out in Chapter VI is completed, the extent of encroachments will stand crystallized.
4.3. As regards "No veto power for occupants" (Point 14), as per Regulation 33(10) (1.15) of the DCPR, no consent of the hutment dwellers is required for slum rehabilitation projects which are being Page 184 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:55 ::: SMWP1_2024.DOC undertaken by the State Government / Public Authority / Government Company as defined under Section 617 of the Companies Act 1956 and companies owned and controlled by the State Government.
4.4. As regards "Transparent Tendering" (Point 15) and "Best deal for State" (Point 17), whenever public - private partnership is being resorted to, the Government is adopting a procedure of inviting tender as has been done in some of the cases. The SRA in Note II, para 8.3 (p. 61), para 9.3 (p. 67) and para 9.4 (p. 68) has set out various endeavors which are undertaken by the SRA and the State to implement slum schemes across Mumbai.
4.5. As regards "community housing stock" (Point 16) and "community land reserve on public land" (Point 18), the SRA in Chapter XIII (pg. 81) set out the steps taken by the government to create a pool of housing. To create this pool of housing various provisions in the DCPR have been enacted. Further the State of Maharashtra has notified the Housing Policy dated 19th August 2024 which seeks to generate public housing units. Various steps have also been taken which are highlighted in the note on behalf of the SRA.
II. Delays and automatic termination provisions.
5. Time bound completion of slum schemes.
Page 185 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:55 ::: SMWP1_2024.DOC 5.1. As regards "Mandatory Time-Bound Completion" (Point 19) and "Automatic Application of Section 13(2)" (Point 20), steps are being taken for monitoring the progress of the work in a stage-wise manner. The suggestions regarding the Letter of Intent and Agreements contemplating timely stage-wise completion of all schemes is being actively considered by the SRA. These are the suggestions which are well taken and will be actively considered by the SRA.
5.2. As regards automatic application of Section 13(2), if timelines are provided by the developer as is being considered by the SRA, regular progress reports can also be required to be submitted by the developer so as to monitor the progress as per the timeline furnished. In the event of default in compliance with the timelines, SRA can initiate proceedings to make the developer accountable, including, if required, initiation of proceedings under Section 13.
III. Density and apportionment.
6. Maximum tenement density.
6.1. Considering the complex nature of the slum rehabilitation scheme, applying the provisions regarding the density of tenements as provided elsewhere in the DCPR may not be practicable for slum rehabilitation. A slum rehabilitation scheme has various complexities including the size and shape of land, number of Page 186 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:56 ::: SMWP1_2024.DOC occupants etc. However, adequate safeguards are provided as set out hereunder which ensures the maximum construction that can take place in a slum rehabilitation scheme.
6.2. As regards 'Maximum Tenement Density' (Point 21), the provision of inserting the maximum construction in slum rehabilitation schemes is not practicable considering that it may not be possible to have an uniform maximum tenement density applicable to all slum projects.
6.3. However, appropriate safeguards are provided in the DCPR regarding the FSI that can be utilized in a slum project. There is a permissible FSI set out under DCPR 33 (10) (3.8). DCPR 33 (10) (3.2) ensures that the utilization of FSI is commensurate with the area of the land, the location of the land and the area required to rehabilitate the slum dwellers. It effectively ensures that there is a maximum density in a slum rehabilitation project. Regulation 33 (10) (3.2) apart from providing maximum FSI permissible in a slum project also sets out the ratio in which FSI will be made available for free sale in a slum project subject to the ceiling of the maximum FSI. This ensures the balancing of the tenement density. A slum rehabilitation project poses unique and different challenges which are sought to be answered by the Development Control Regulations which is a delegated legislation prepared by experts following the detailed procedure under the MRTP Act. Disturbing a part of the Page 187 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:56 ::: SMWP1_2024.DOC said DCR which deals with varied situations may render the entire scheme and regulation unviable. (Please see Chapter XVI, para 16.2, pg. 97)
7. Building safety standards and fire protection. 7.1. As regards 'No relaxations to the minimum distance of 6m between two rehab buildings under Regulation 33(10)(6.8) should be permitted' (Point 22(a)), at every stage, the clearance from the Fire Department is obtained and all safeguards required from the fire perspective are taken. As regards DCR 33(10) (6.8), it provides that a minimum distance of 6 meters is maintained between two buildings. The power of relaxation is exercised considering unique requirements of each slum project and the constraints if any in the project. Despite relaxations, adequate distance is maintained between the buildings to ensure the movement including of fire tenders without which the fire clearance would not be granted. 7.2. As regards 'Lighting and ventilation requirements provided under Regulation 40 of the DCPR should be made mandatory to slum rehabilitation projects' (Point 22(c)), in given cases strict adherence with DCPR 40 may not be practical considering the nature of the slum project. As regards Point 22(d), the open space is distributed between the rehabilitation and the free sale components on the basis of FSI consumed in the rehabilitation component and Page 188 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:56 ::: SMWP1_2024.DOC the free sale. The manner in which open space is provided is already explained by the SRA. A slum project is a distinct and different kind of housing project which is affected by high densities and less spaces.
8. Apportionment of land between rehabilitation and free sale components.
8.1. As regards 'Apportionment of Land between Rehab and Sale Components' (Point 23), the SRA has set out the manner in which the FSI and the land is apportioned. Regulation 33 (10) (3.2) links the rehabilitation and free sale FSI. It is not a case that there is unlimited FSI utilized for free sale however, the rehabilitation FSI is capped. Both the components are proportionate and the FSI is calculated based on where the slum scheme is situated. Further, regulation 33 (10) (8) mandates that amenities are required to be provided in a rehabilitation building.
9. Developer's entitlement conditional on compliance and protection of third-party purchasers.
9.1. As regards 'Developer's Entitlement - Conditional on Compliance" (Point 24), Regulation 33 (10) (2.6) stipulates that the FSI for free-sale is given proportionately and in such manner as directed by the SRA. The permission for free sale building is dependent on the progress in construction of rehabilitation. The Page 189 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:56 ::: SMWP1_2024.DOC Developer is entitled to the free-sale only if the rehabilitation and PAP component is completed and duly handed over to the SRA. 9.2. As regards 'Adequate checks and balances to protect bona fide third party purchasers' (Point 25), the slum scheme proposed by the developer since inception is focused on the construction of rehabilitation building. The entitlement of free sale is dependent on the extent of rehabilitation area constructed.
9.3. Even if the developer sells any premises, no right is acquired by the purchaser in the said flat or the scheme in the event of termination of the mandate of the developer.
IV. Identification of slum dwellers
10. Cut-off date freeze.
10.1. As regards 'Cut-Off Date Freeze' (point 26), Section 3Y of the Slum Act freezes the eligibility to persons having photo passes or documents showing existence of dwelling structure prior 1st January 2000. Section 3X(c) stipulates that only such persons who hold photo passes are protected occupiers.
10.2. In paragraph 26(b), it has been suggested that rehabilitation should be permitted on payment of costs for non-protected occupiers. This suggestion stipulates providing tenements to all slum dwellers irrespective of the date of occupation of a tenement Page 190 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:56 ::: SMWP1_2024.DOC on payment. This in fact would defeat the entire scheme of the law and may further encourage encroachment. As per Section 3B (5) (f), non-protected occupiers having dwelling structures from 2000 to 2011 are the only ones entitled to receive tenements on payment of costs. As regard other persons, there are various schemes such as Pradhan Mantri Awas Yojana (PMAY) which may be availed by such persons if so entitled under the scheme.
11. Time bound and streamlined process for Annexure II, satellite survey, centralized master list and biometrics.
11.1. The SRA in Note I, Chapter V, para 5.2.2(pg. 33) set out the earlier process of formation of Annexure II. The issues faced by the SRA in this process are set out in paragraph 5.2.4 (pg. 39). Due to the issues faced, the SRA has now adopted a scientific method of Auto Annexure II and Biometrics which will not only lead to a database of all hutments and hutment dwellers but also will have ready Annexure II for schemes as and when they are presented. As regards Points 27, 28, 30 and 31, an entirely new process of Annexure II and surveys is being carried out which is set out by the SRA in Note II, Chapter VI, paragraph 6.3 (pg. 47) and paragraph 6.5 (pg. 53).
12. Dwelling structure.
12.1. A "Dwelling House" is defined in Section 3X (a) of the Slum Act. Only ground floor structures are considered as dwelling Page 191 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:56 ::: SMWP1_2024.DOC structures. A challenge was made to the policy of the State Government which recognized only ground floor structure as a dwelling house. An assertion was made that even the mezzanine and first floor should be treated as a part of the dwelling structure for the purposes of rehabilitation. This contention was rejected by the Hon'ble Bombay High Court in the case of Pameshkumar Nandlal Sahu v. High Powered Committee & Ors. - WP No. 3075 of 2015 and Gopal Chinmaya Shetty vs. State of Maharashtra - PIL (L) No. 31310 of 2021.
V. Selection of Developers.
13. The Suggestion Note in Points 32 to 35 suggested empanelment of developers based on objective criteria and financial and technical scrutiny of the developers. The SRA in Note II, Chapter VII, paragraph 7.1 (pg. 56) exhaustively set out the new steps have been taken in order to develop a robust panel of developers who are financially sound and have experience in implementing infrastructure projects. The SRA has in paragraph 7.1.2 (pg. 56) set out the process adopted by them for calling upon developers to submit applications for getting empanelled.
14. Further, the SRA has implemented schemes such as amnesty schemes for implementing stalled projects where financial institutions are now being appointed as developers. Furthermore, the SRA in Chapter XVIII, paragraph 8.3 (pg. 61) set out all the steps taken to Page 192 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:56 ::: SMWP1_2024.DOC revive / implement stalled projects which are not only limited to calling for tenders, but also involve implementing the projects either itself or through joint venture.
Discussion Brief Overview
207. Having noted the submissions as made on behalf of the stakeholders as also the learned Amici and learned Advocate General appearing for the Slum Rehabilitation Authority, we now proceed to take a review of the slum legislation for final suggestions to be made. We propose to divide the discussion as under:
(I) Historical Antecedents of the Slum Legislation:
208. The history of the slum legislation prior to the Slum Act 53 can be traced to the legislation enacted by the Parliament, namely, The Slum Areas (Improvement And Clearance) Act, 1956. As seen from the preamble of the said Act, it was enacted to provide for the improvement and clearance of slum areas in certain Union territories and for the protection of tenants in such areas from eviction. The said Act comprised of Seven Chapters, inter alia, dealing with the declaration of slum areas (Section 3), the provisions for slum improvement as contained in Chapter III. Provisions on slum clearance and re-development as contained in Chapter IV. Provisions on acquisition of land in Chapter V. Provisions on protection of tenants in slum areas from eviction in Chapter VI, and the miscellaneous provisions in Chapter VII dealing with powers of entry, powers of 53 Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 Page 193 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:56 ::: SMWP1_2024.DOC inspection, breaking into buildings, power of eviction, power of demolition, jurisdiction of the Courts, sanction of competent authority, protection of action taken in good faith, bar of jurisdiction etc.
209. Insofar as the State of Maharashtra is concerned, in the year 1971, the State Legislature enacted the Slum Act to make better provision for the Improvement, Clearance, and Redevelopment of slum areas in the State, as set out in the preamble to the Slum Act. The Act was brought into force on 03 September 1971. The Statement of Objects and Reasons, as notified in the Government Gazette, 1970, Part V, Extra., pp. 252-253, is also required to be noted, which reads thus:-
"STATEMENT OF OBJECTS AND REASONS (Maharashtra Slum Areas Improvement, Clearance and Redevelopment Bill, 1970) The rapid growth of industries and consequent growth of population and over-crowding have created slums in Greater Bombay and other urban areas.
The slums are a menace to the safety, health and morals of the inhabitants. The problem of slum improvement and clearance has been engaging the attention of both official and non-official agencies for the past several years, and certain schemes for clearance of slum areas have been and are being executed by the Maharashtra Housing Board and Local Bodies.
2. At present there are certain provisions regarding improvement and clearance of slum areas in different laws in force in the State, namely the Bombay Municipal Corporation Act, 1888; the Bombay Provincial Municipal Corporations Act, 1949; and the Nagpur Improvement Trust Act, 1936. These provisions are, however, applicable to the areas in which the enactments in question are in force. There is also no uniformity in the provisions in these enactments. Moreover, they are not comprehensive.
3. It is, therefore, considered necessary to enact comprehensive legislation for the whole State somewhat on the lines of the Slum Areas (Improvement and Clearance) Act, 1956, enacted by Parliament, with suitable modifications to make better provision for the clearance of slum areas in the whole of the State and their redevelopment. This Bill is intended for that purpose.
Notes on Clauses The important provisions proposed in the Bill are explained in the following notes on clauses:--
Page 194 of 264
P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:56 ::: SMWP1_2024.DOC Clause 3.--A provision is made for the appointment of Competent Authorities. It also provides for appointment of bodies corporate as Competent Authorities though the powers and duties will be exercised by their Chief Executives generally.
Clause 4.--This clause empowers the Competent Authority to declare any area, which satisfies certain requirements, as slum area. Clauses 5 to 7.--These clauses empower the Competent Authority to declare any slum area to be a clearance area, to ask the owner to demolish the buildings and to allow the owner to re-develop the area in accordance with the plans approved by the Competent Authority. The Competent Authority can undertake the work of re-development not only if the owner does not execute it satisfactorily, but also in case the Competent Authority is satisfied that it is necessary to do so in the public interest. Provision has also been made for appeals to the Tribunal against confirmation of the clearance order by the Administrator and the restrictions imposed by the Competent Authority on redevelopment of land.
Clause 8.--The State Government has been empowered to acquire land for redevelopment of clearance area. The land shall vest in the State Government from the date of publication of the notice. This would avoid delay in acquisition of land.
Clause 11.--This provides for payment of compensation for the land acquired under the Act. The compensation is to be paid as may be determined by agreement or equal to sixty times the net average monthly income actually derived from such land during the period of five consecutive years immediately preceding the date of publication of the notice referred to in clause 8.
Clause 15.--Provision has been made for payment of interest on the amount of compensation for the period from the time of taking the possession of land till the payment or depositing of the amount of compensation. The rate of interest is to be fixed by the State Government but it shall not be less than
4 per cent.
Clauses 16 to 20.--These clauses provide for protecting tenants in a slum area from eviction, restoration of possession of premises vacated by tenants for the purpose of re-erection, and the rents to be charged to tenants after re- erection. The re-housed tenant has to pay rent equal to 4 per cent of the cost of re-erection of the building and the cost of land on which the building is re-erected or standard rent, whichever is more. Other tenants have to pay rent according to the general law relating to the control of rents in force in that area, and in the absence of such law, rent determined by an authority as prescribed under rules to be made by the State Government. Clause 28.--This clause empowers the Competent Authority to remove offensive or dangerous trades from slum areas.
Clause 29.--This clause provides for appeals to the Administrator by any person aggrieved by any notice, order or direction of the Competent Authority except as otherwise expressly provided. The decision of the Administrator on appeal shall be final and shall not be questioned in any court of law. Thus, while giving due opportunity to any aggrieved party to Page 195 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:56 ::: SMWP1_2024.DOC get this grievance redressed, this will enable speedy execution of the slum clearance schemes and avoid inordinate delays resulting from lengthy litigations.
Clause 32.--This clause empowers the Competent Authority to demolish at the cost of the owner any building erected or being erected in contravention of the provisions of the Act.
Clause 38.--Reference to the Tribunal has been provided for determining the claim of the Competent Authority regarding expenses incurred by it, if the claim is disputed, and the amount claimed is to be recovered as arrears of land revenue.
Bombay, dated the 7th May 1970.
N. K. Tirpude, Minister for Housing."
(emphasis supplied)
210. Incidentally, it may also be observed that in the year 1973, another legislation, namely, Maharashtra Slum Improvement Board Act, 1973, was enacted which was granted assent by the President on 26 April 1973. The objects of the State Act, as seen from the preamble, are to the following effect:-
"WHEREAS, several slums have sprung up and continue to exist in the various areas of the State;
AND WHEREAS, despite continued efforts by legal authorities, Housing Boards, Improvement Trusts and other bodies to remove the slums, and to rehouse and resettle the slum dwellers in housing colonies and the like, it has not been possible to keep pace with the necessities of the situation;
AND WHEREAS, existing slums are becoming a source of danger to the health, safety and convenience of the slum dwellers and also to the surrounding areas, and generally a source of nuisance to the public; AND WHEREAS, until such time as those slums are removed and the persons settled and housed in proper buildings, it is necessary to provide the basic necessities, such as water, sanitary arrangements, light, etc., to the slum dwellers; and for the purpose of more effectively and most speedily providing these amenities, it is now expedient to set up a Slum Improvement Board; and to provide for matters connected with the purposes aforesaid."
(emphasis supplied)
211. An amendment to the Slum Act in the year 1978 by Maharashtra Act No. Page 196 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:56 ::: SMWP1_2024.DOC 13 of 1978 was incorporated. By such amendment, the preamble of the Act was amended whereby the words "and for protection of occupiers from eviction and distress warrants" came to be incorporated.
II. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
212. This 1971 legislation was enacted to make better provisions for the improvement and clearance of slum areas in the State and their redevelopment, subsequent to which, vide Amendment Act of 1978 (Maharashtra Act No. 13 of 1978) provisions in regard to protection of occupiers from eviction and distress warrants were incorporated. We may, at the outset, observe that there were 21 substantial amendments to the 1971 Act by the following Amendment Acts:
Sr. Amending Act Date Key Amendments No. (Maharashtra) Section 10A was inserted Section 2(ga) inserted - definition of "slum area" introduced Section 4 amended - declaration of slum areas modified Section 5 amended - Power of Competent Authority of execution of works of improvement 1 Mah. 23 of 1973 26-04-1973 Section 7 substituted - Expenses of maintenance of works of improvement to be recoverable from occupier Section 10A was inserted - Power of Competent Authority to entrust improvement and other works Section 14 amended - Power of State Government to acquire land Section 25 amended - Rent of buildings 2 Mah. 36 of 1973 24-09-1973 in slum areas 3 Mah. 46 of 1975 18-09-1975 Section 12 substituted - Clearance order Section 18 amended - Apportionment of compensation Sections 44A and 45 substituted -
Vacancy and temporary absence of President and other members of Page 197 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:56 ::: SMWP1_2024.DOC Sr. Amending Act Date Key Amendments No. (Maharashtra) Tribunal; Provisions relating to Tribunal Section 2 (ga) amended - Slum area Section 4A inserted - Certain slum improvement areas deemed to be slum areas Section5A amended - Improvement works Section 5C substituted - Power of Competent Authority to require 4 Mah. 20 of 1976 04-05-1976 improvement of buildings unfit for human habitation and of areas which are source of danger to public health, etc. Section 6 amended - Enforcement of notice requiring execution of works of improvement Section 8 amended - Restriction on buildings, etc., in slum areas Long title amended - protection of occupiers from eviction added Preamble substituted Maharashtra Ordinances IV & V of 1978 repealed Heading of Chapter VI substituted -
5 Mah. 13 of 1978 06-05-1978 Protection of Occupiers in Slum areas from eviction and distress warrants Section 22 amended - Proceedings for eviction of occupiers [or for issue of distress warrant] not to be taken without permission of Competent Authority Section 47 substituted - Cesser of 6 Mah. 23 of 1981 18-08-1981 corresponding laws and powers conferred thereunder temporarily Section 2(b-1) inserted - definition of Collector Sections 14 and 15 amended - Power of 7 Mah. 28 of 1984 29-09-1984 State Government to acquire land;
Section 17 amended - Basis for determination of compensation Section 2(f) amended - slumlord excluded from definition of owner Section 4 amended - Declaration of slum 8 Mah. 30 of 1986 23-07-1986 areas Section 36 amended - Service of notice, etc. 9 Mah. 2 of 1987 05-02-1987 Penalty and enforcement provisions amended Section 22 amended - Proceedings for eviction of occupiers [or for issue of distress warrant] not to be taken without permission of Competent Authority Section 23 amended - Appeal Page 198 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:57 ::: SMWP1_2024.DOC Sr. Amending Act Date Key Amendments No. (Maharashtra) Section 23A inserted- Recovery of Rent, etc., by criminal intimidation prohibited Second Schedule of the Act deleted Section 2(i) substituted - definition of Tribunal modified 10 Mah. 29 of 1987 07-08-1987 Section 4 amended - Declaration of slum areas Chapter I-A inserted - Slum Rehabilitation Scheme introduced 11 Mah. 4 of 1996 24-10-1995 Section 2(i)- "Tribunal" replaced with Special Tribunal Section 2(ba) inserted - definition of Chief Executive Officer Section 3A(2A) inserted - SRA declared a body corporate Section 3A(3) substituted - powers and 12 Mah. 6 of 1997 24-10-1995 functions of SRA Section 3D amended - Application of other Chapters of this Act to Slum Rehabilitation Area with modification Repeal of Maharashtra Ordinance No. XXVII of 2002 Section 3 amended - Appointment of Competent Authorities 13 Mah. 10 of 2002 18-05-2001 Chapter I-B inserted - Protected occupiers, their Relocation and Rehabilitation Section 40 amended - Previous sanction of Competent Authority for prosecution Repeal of Maharashtra Ordinance X of 2003 Chapter I-C inserted - Special provisions for In-Situ Rehabilitation housing 14 Mah. 1 of 2004 23-10-2003 schemes for Protected Occupiers in slum areas Section 46 amended - Power to make rules Section 2(i) amended - qualification of 15 Mah. 24 of 2005 19-05-2005 Tribunal members reduced from 10 years to 8 years 16 Mah. 11 of 2012 19-06-2012 Section 2(h-e) inserted - definition of Slum Rehabilitation Work Section 2(a-a) was inserted - definition of Appellate Authority • Section 3C(3) inserted - cessation of SRA area on completion Section 3D amended - Application of other Chapters of this Act to Slum Rehabilitation Area with modification Page 199 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:57 ::: SMWP1_2024.DOC Sr. Amending Act Date Key Amendments No. (Maharashtra) Section 3E amended - Restrictions on transfer of tenements Section 4 amended - Declaration of slum areas Section 14 amended - Power of State Government to acquire land Section 15A inserted - Vesting of land under Slum Rehabilitation Scheme Section 42 amended - Bar of jurisdiction Section 3Y and 3Z amended - Issuance of photo-pass and maintenance of Register; Protection, relocation and rehabilitation of protected occupiers Section 3Z- 1 amended - Powers of 17 Mah. 9 of 2014 02-05-2014 Competent Authority to demolish unauthorized or illegal dwelling structures Section 3Z-2 amended - Demolition of unauthorized or illegal dwelling structures and penal liability Insertion/substitution of definition clauses in Section 2 (approved valuer, building, censused slum, Community economic activity area, developer, eligible slum dwellers, slum area, slum clearance, slumlord, SRA area); Section 3X (dwelling structure) Section 3B substituted - Slum 18 Mah. 38 of 2018 26-04-2018 Rehabilitation Scheme Sections 3C & 3D substituted -
declaration and application of SRA regime Section 3I substituted - Officers and servants of SRA Section 15A substituted - Vesting of land under Slum Rehabilitation Scheme Section 35 substituted - Appeals 19 Mah. 33 of 2023 -- Section 2(a-1) inserted - Apex Grievance Redressal Committee (retrospective from 08-03-2017) Section 2(c-c) substituted - Grievance Redressal Committee Section 3C amended - Declaration of a slum rehabilitation area Section 3D amended - Application of other Chapters of this Act to Slum Rehabilitation Area with modification Section 34A inserted - Constitution of Apex Grievance Redressal Committee Section 34B inserted - Constitution of Grievance Redressal Committee Page 200 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:57 ::: SMWP1_2024.DOC Sr. Amending Act Date Key Amendments No. (Maharashtra) Section 35 amended - Appeals Section 42 amended - Bar of jurisdiction Section 3E amended - Restrictions on 20 Mah. 15 of 2024 --
transfer of tenements Section 3D amended - Application of other Chapters of this Act to Slum Rehabilitation Area with modification Section 15A amended - Vesting of land under Slum Rehabilitation Scheme 21 Mah. 42 of 2025 29-08-2025 Section 33A substituted - Procedure for allotment of tenements to slum dwellers not willing to join scheme or project Section 33B inserted - Recovery of rent due from developers The aforesaid amendments indicate the progressive steps being adopted by the Legislature to achieve the object and intention of the Slum Act.
III. Scheme of the Slum Act
213. Now coming to the scheme of the Slum Act. Section 2 is the exhaustive definition clause dealing with significant definitions and more importantly, the definition of 'building' [Section 2(b)], which includes structures within community economic activity area, which is also separately defined [Section 2(b-
2)]. The other vital definitions are - Censused Slum [Section 2(1b)], Developer [Section 2(c-a)], eligible slum dwellers [Section 2(c-b)], Grievance Redressal Committee [Section 2(c-c)], land [Section 2(d)], occupier [Section 2(e)], owner [Section 2(f)], slum area [Section 2(ga)], slum clearance [Section 2(h)], slumlord [Section 2(h-a)], Slum Rehabilitation Area [Section 2(h-b)], Slum Rehabilitation Authority [Section 2(h-c)], Slum Rehabilitation Scheme [Section 2(h-d)], works of improvement [Section 2(j)] etc. Page 201 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:57 ::: SMWP1_2024.DOC
214. Chapter I-A incorporates provisions from Section 3A to Section 3W, making provisions for implementing the slum rehabilitation scheme as defined under Section 3B. It is under the provisions of this Chapter, that a Slum Rehabilitation Authority with its Chief Executive Officer and members was constituted as provided for under Section 3A. The Chapter makes provision in regard to powers, duties and functions of the Slum Rehabilitation Authority to survey and review existing positions regarding slum areas, to formulate schemes for rehabilitation of slum areas, to get the Slum Rehabilitation Scheme implemented, to do all such other acts and things as are felt necessary for achieving the objects of rehabilitation of slums.
215. Significantly, sub-section (5) thereunder provides the power of the Slum Rehabilitation Authority to appoint Committees consisting of its members and experts to facilitate its working and speedy implementation of the scheme prepared under Section 3B including the general schemes of Slum Rehabilitation for specific areas as contemplated under sub-section (1) of Section 3A.
216. The methodology in regard to implementation of the slum rehabilitation scheme to be notified by the Chief Executive Officer under sub-section (3) of Section 3B has been exhaustively provided in sub-section (5) and sub-section (6). Section 3C is another significant provision providing for 'Declaration of a slum rehabilitation area', which would include community economic activity area. Further provisions of Chapter I-A would indicate that for the purpose of the said Chapter, there are specific sections incorporated. For example, Section 13, which is applicable to slum rehabilitation areas by virtue of Section 3D, providing for Page 202 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:57 ::: SMWP1_2024.DOC "Power of Slum Rehabilitation Authority to develop slum rehabilitation area". There is also incorporation of Section 33 in regard to "Power of eviction to be exercised by Chief Executive Officer", Section 38 in regard to "Order of demolition of building in certain areas" and Section 47 "Cesser of corresponding laws". Thus, Section 3D carves out an independent scheme in relation to the application of other Chapters of the Slum Act to a slum rehabilitation area, however, with specific modifications to the provisions as categorically incorporated in Section 3D. Section 3E provides for "Restriction on transfer of tenements".
217. There are provisions on the constitution of officers, servants and membership of the slum rehabilitation authority. A perusal of all these provisions, i.e., Section 3A to Section 3W indicates that the provisions so incorporated is a Code by itself in relation to the slum rehabilitation scheme.
218. Chapter I-B was incorporated by Maharashtra Amendment Act No. 10 of 2002, which is in regard to "Protected Occupiers, their relocation and rehabilitation". Section 3X is the definition clause, which defines "dwelling structure" [Section 3X(a)], "photo-pass" [Section 3X(b)], "protected occupier"
[Section 3X(c)]. Section 3Y introduces the scheme whereby the Government or any officer, inter alia, authorized by it, after verifying certain documents or records, as may be prescribed, issues a photo-pass for the purpose of the Act in regard to the actual occupier of a dwelling structure in existence on or prior to 1 January, 2000 by Maharashtra 9 of 2014, prior to which original Section 3Y(1) provided for the cut off date to be 1 January, 1995. By the issuance of a photo-Page 203 of 264
P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:57 ::: SMWP1_2024.DOC pass in favour of a slum dweller, he becomes an occupier, i.e., entitlement to benefit under Section 3Z - "Protection, relocation and rehabilitation of protected occupiers". Section 3Z is required to be noted, which reads thus:
"3Z. Protection, relocation and rehabilitation of protected occupiers.
(1) Notwithstanding anything contained in this Act, on and after the commencement of the 1[Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Amendment) Act, 2014 (Mah. IX of 2014)], no protected occupier shall, save as provided in sub-section ( 2), be evicted, from his dwelling structure.
(2) When, in the opinion of the State Government, it is necessary in the larger public interest, to evict the protected occupiers from the dwelling structures occupied by them, the State Government may, subject to the condition of relocating and rehabilitating them in accordance with the scheme or schemes prepared by the State Government in this behalf, evict them from such dwelling structures :
Provided that, if any of the protected occupiers does not comply with the terms and conditions of the scheme for relocation and rehabilitation, such occupier shall forfeit the claim for such relocation and rehabilitation and shall become liable for eviction without being relocated and rehabilitated."
219. The other provisions are dealing with powers of the competent authority to demolish unauthorized or illegal dwelling structures (Section 3Z-1) and penal liability (Section 3Z-2).
220. Chapter I-C provides for "Special Provisions for in Situ Rehabilitation Housing Schemes for protected occupiers in slum areas" and was incorporated by Maharashtra Act No. 1 of 2004. The provisions under this Chapter are from Section 3Z-3 to 3Z-7. Section 3Z-3 provides for a definition clause defining "Housing Committee"[Section 3Z-3(a)], "Housing scheme" [Section 3Z-3(b)] and "Scheme area" [Section 3Z-3(c)]. Section 3Z-4 provides for "Constitution of Page 204 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:57 ::: SMWP1_2024.DOC Housing Committee". Section 3Z-5 provides for "Development permission". Section 3Z-6 provides for "Provisions of this Chapter not to apply in certain areas", for example, Coastal Regulation Zone, Eco-Sensitive Zones of Ecologically Fragile Area, Hill Stations, Special Tourism Areas, Lands belonging to the Central Government or any entity thereof unless the same is voluntarily offered for the housing scheme. Chapter I-C can be seen to be an endeavour to have housing schemes by undertaking construction/reconstruction of dwelling units or structures in the scheme area for providing basic amenities to the slum dwellers who are protected occupiers as defined in clause (a) of Section 3X and their in situ rehabilitation in such scheme area. It accordingly enables the implementation of Chapter I-B.
221. After specific incorporation of all these Chapters, the next Chapter is Chapter II, as originally contained in the legislation, dealing with slum areas. Section 4 provides for Declaration of slum areas by the Competent Authority, where the Competent authority is satisfied that any area is or may be a source of danger to the health, safety or convenience of the public of that area or of its neighbourhood, by reason of the area having inadequate or no basic amenities, or being insanitary, squalid, overcrowded or otherwise; as also in respect of the buildings which are used or intended to be used for human habitation and are in any respect, unfit for human habitation; or for reasons of dilapidation, overcrowding, faulty arrangement and design of such building or inter alia, a combination of factors like lack of ventilation, light or sanitation facilities, detrimental to the health, safety or convenience of the public of that area. Page 205 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:57 ::: SMWP1_2024.DOC Section 4A was incorporated by Maharashtra Act 20 of 1976 providing that certain slum improvement areas shall be deemed to be slum areas.
222. Chapter III provides for "Slum Improvement", which, inter alia, deals with "Power of Competent Authority of execution of works of improvement" (Section
5). Section 5A incorporates the 'Improvement works' consisting of what is provided under clauses (a) to (h). This Chapter also provides for power of Competent Authority to require occupiers to vacate premises (Section 5B). Section 5C provides for "Power of Competent Authority to require improvement of buildings unfit for human habitation and of areas which are a source of danger to public health etc." Other provisions are provided which are necessary to execute such works.
223. Chapter IV provides for 'slum clearance and redevelopment', which contains provisions from Section 11 to Section 13. Section 11 under this Chapter provides for "Power to declare any slum area to be a clearance area". Section 12 provides for "clearance order" to be passed by the competent authority. Section 13 provides for "power of Slum Rehabilitation Authority to develop Slum Rehabilitation Area".
224. Chapter V provides for the "Acquisition of Land". This is a significant chapter, as substantial litigation is generated on acquisition of land encroached upon by slums. Section 14 confers power upon the State Government to acquire land for the purpose of executing any work of improvement or for the redevelopment of any slum area or any structure situated therein. Section 15 Page 206 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:57 ::: SMWP1_2024.DOC thereunder provides for the "Power of Collector to require person in possession of land to surrender or deliver possession thereof to him, etc.". Section 15A, which was inserted by the Maharashtra Amendment Act, 2012, provides for the 'vesting of land under a Slum Rehabilitation Scheme'. The Chapter further contains provisions relating to the basis for determination of compensation, apportionment and payment of compensation, the powers of the Competent Authority in relation to determination of compensation, and payment of interest, as contained in Sections 17 to 21.
225. Chapter VI provides for the "protection of occupiers in slum areas from eviction and distress warrants". The heading of Chapter VI was substituted by Maharashtra Act No.13 of 1978 for the heading "Protection of Tenants in Slum Areas From Eviction". Under this Chapter, Section 22 stipulates that proceedings for eviction of occupiers or for the issuance of distress warrants shall not be taken without the prior permission of the Competent Authority. Section 23 provides for an appeal by any person aggrieved by an order of the Competent Authority to the Tribunal, and also provides for the finality of the Tribunal's orders. Section 23A, which was inserted by Maharashtra Amendment Act 2 of 1987, provides for 'recovery of rent, etc., by criminal intimidation being prohibited'. Further provisions relate to the restoration of possession of premises vacated by a tenant and the regulation of rent of buildings in slum areas, as contained in Sections 24 and 25. Section 26 provides that the Chapter shall not apply to, or in relation to, the eviction under any law of a tenant from any buildings in a slum area belonging to the Government, the Nagpur Improvement Page 207 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:57 ::: SMWP1_2024.DOC Trust, or any local authority.
226. Chapter VII makes miscellaneous provisions dealing with a variety of matters, namely, 'powers of entry' (Section 27); 'powers of inspection' (Section
28); 'power to enter land adjoining land where work is in progress' (Section 29); 'breaking into building' (Section 30); 'entry to be made in day time' (Section 31); 'occupier's or owner's consent to be ordinarily obtained' (Section 32); 'power of eviction to be exercised by Chief Executive Officer' (Section 33); and 'procedure for allotment of tenements to slum dwellers not willing to join the scheme or project' (Section 33A and 33B substituted by Maharashtra Amendment Act No.42 of 2025). Another significant provision is the 'power to remove offensive or dangerous trades from slum areas' (Section 34). Section 34A and 34B, which were inserted by Maharashtra Amendment Act, 2023, provide for the Constitution of the Apex Grievance Redressal Committee and the Grievance Redressal Committee, respectively. Section 35 provides for appeals before the Grievance Redressal Committee as also the Apex Grievance Redressal Committee. Provision is also made for service of notice (Section 36). Section 37 provides for 'penalty in regard to non-compliance of notice, order or direction issued or given under the Act, on conviction, providing for imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees, or with both. Section 38 provides for 'order of demolition of buildings in certain cases'. Section 39 provides for 'jurisdiction of Courts'. Section 40 provides for 'previous sanction of Competent Authority for prosecution'. Section 41 provides for 'protection of action taken in good faith'. Page 208 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:57 ::: SMWP1_2024.DOC Section 42 provides for 'bar of jurisdiction'. Section 43 provides for 'Competent Authority, etc., to be public servants'. Section 44 provides for 'Tribunal to determine claims of Competent Authorities before they are recovered as arrears of land revenue'.
227. Sections 44A and 45 deal with vacancy and temporary absence of the President and other members of the Tribunal and other provisions relating to the Tribunal respectively. Section 46 provides for 'power to make rules'. Section 47 provides for 'cesser of corresponding laws and powers conferred thereunder temporarily' and the making of a declaration under sub-section (1) thereof.
IV Rules framed under the Slums Act
228. Rules have also been framed under the Act, namely, the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Protection of Tenants in Slum Areas from Eviction Rules, 1972, which, inter alia make provision for the eviction of an occupier and matters connected therewith. The following rules and regulations are framed under the Act:-
"1. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Protection of Tenants in Slum Areas from Eviction Rules, 1972
2. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal Rules, 1972.
3. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Other Manner of Publication of Notification regarding Restriction on Building in Slum Areas, etc.) Rules, 1971.
4. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Other Manner of Publication of Declaration) Rules, 1971.
5. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Other Manner of Publication of Notification regarding Restriction on Building in Slum Areas, etc.) Rules, 1971.Page 209 of 264
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6. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Protection of Tenants in slum Areas from Eviction Rules, 1972.
7. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal Rules, 1972.
8. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Clearance areas Order) (publicity Etc.) Rules, 1973.
9. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal, Regulations, 1974.
10. The President in The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment Tribunal) (Recruitment) Rules, 1999.
11. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Grievance Redressal Committees) Rules, 2014.
229. Apart from this, the SRA issues notifications and circulars from time to time with the intent of giving effect to the provisions of the Act and Rules.
V AREAS OF DISPUTES
230. Having noted the various provisions of the Act as they stand in the scheme of the legislation, we note the areas/issues in relation to which disputes legally arise which are as under:-
i. Identification of lands declared as slums, particularly with regard to the declaration of such lands as slums and/or slum rehabilitation areas (Section 3C - Declaration of a slum rehabilitation area), ii. Disputes over the eligibility of slum-dwellers.
iii. Disputes in regard to the formation of societies by the slum-
dwellers, iv. Disputes on appointment of developers by the societies of slum-
dwellers, Page 210 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:58 ::: SMWP1_2024.DOC v. Disputes on eligibility of the slum-dwellers for the purpose of permanent alternate accommodation, which depends upon the existence of the structure in the context of the protection granted under different notifications issued by the State Government.
vi. Disputes arising regarding the change of developers by societies for the reasons such as the appointed developer's failure to perform, delays in implementing the slum scheme, inability to undertake or complete the slum scheme, transfer or proposed transfer of the slum scheme to another agency/ developer, and various other related reasons.
vii. Disputes relating to slums situated on certain private lands, where the landowners are not provided an opportunity to develop the slum rehabilitation scheme, and where slum dwellers appoint developers in disregard of the rights of the landowners.
viii. Disputes between rival societies appointed by slum-dwellers (significantly in the case of large slums).
ix. Disputes in regard to the removal of slum-dwellers appointed by the slum society.
x. Disputes relating to compulsory acquisition of land as per the provisions of Section 14.
xi. Disputes regarding payment of transit rent by the developers and arrears of transit rent.Page 211 of 264
P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:58 ::: SMWP1_2024.DOC xii. Disputes on delays in the completion of the scheme and the complications arising therefrom.
xiii. Disputes on the acquisition of private lands declared as slums or slum rehabilitation areas.
xiv. Disputes on slums on government land or land belonging to public bodies.
xv. Lack of effective dispute resolution mechanism in litigation before forums such as the Grievance Redressal Committee and the Apex Grievance Redressal Committee, constituted under Section 34A and 34B respectively of the Slum Act, which hardly hold even one sitting in a week or fortnight, resulting in a large pendency of cases before such forums.
xvi. Proceedings arising from the non-consideration of the representation of the Chief Executive Officer, as well as proceedings arising from the effective and expeditious adjudication of disputes between slum-dwellers and developers, slum-dwellers and societies, or slum-
dwellers and the SRA, before the Grievance Redressal Committee or the Apex Grievance Redressal Committee.
xvii. Apart from the aforesaid issues, there are several other disputes, including those between developers and financiers, as well as disputes between purchasers of free-sale tenements and developers, including those involving projects under MahaRERA.
Page 212 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:58 ::: SMWP1_2024.DOC VI Magnitude of the Slums in Mumbai
231. Having noticed the variety of disputes arising from the implementation of the slum scheme, we may observe the applicability of the Slum Act to the areas in the City of Mumbai has assumed alarming propositions. According to the latest data available with the Mumbai Municipal Corporation, approximately 875.97 acres of land is under slums, which include private land as well as public land belonging to the State Government, Central Government, Municipal Corporation, etc. The total number of persons currently living in slums is estimated to be around 12 million (as per the official website of SRA). The situation of lands affected by slums within the jurisdiction of Mumbai Metropolitan area within the municipal jurisdiction of other seven Municipal Corporations is also quite concern. Hence, the areas of other municipal corporations surrounding Mumbai, namely, Thane Municipal Corporation, New Mumbai Municipal Corporation, Mira-Bhayander Municipal Corporation, Vasai Virar Municipal Corporation, Kalyan Dombivali Municipal Corporation, Ulhas Nagar Municipal Corporation, Bhiwandi Municipal Corporation as well as distinct corporations like Pune Municipal Corporation and Nashik Municipal Corporation, also have slums or slum areas on both government and private lands.
Analysis/Suggestions
232. The task in hand is assigned to this Court as per the directions of the Supreme Court in Yash Developers (supra). The Supreme Court observed that Page 213 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:58 ::: SMWP1_2024.DOC the propensity and the proclivity of the Slum Act to generate litigation was worrisome and that there seems to be a problem with the statutory framework for realising the purpose and object of the statute including referring to the decision in Galaxy Enterprises (supra). In such context, the Court observed that the Act came into being in 1971 and since then, for over five decades, the High Court has been exercising judicial review jurisdiction, disposing of writ petitions raising claims or challenges to the exercise of powers or dereliction of duties by authorities under the Act. It is also noted that a large number of cases have reached the Court and which are pending. It is in such context that the Slum Act, being a beneficial legislation, is intended to materialise the constitutional assurance of dignity of the individual by providing basic housing, so integral to human life. The Court referred to the decision of this Court in Galaxy Enterprises (supra), setting out eight parameters, stating that the statutory scheme is problematic on such issues as set out in paragraphs 56.1 to 56.8, which are as follows:
"(i) Identification and declaration of land as a slum.
(ii) Identification of slum dwellers.
(iii) Selection of a developer
(iv) Apportionment of the slum land between redevelopment area and sale area.
(v) Obligation to provide transit accommodation for the slum dwellers pending redevelopment.
(vi) Lack of independence and objectivity in the functioning of statutory authorities.
(vii) Effectiveness of statutory remedies.
(viii)Judicial review proceedings under Article 226 cannot be a long term solution."Page 214 of 264
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233. The Supreme Court has categorically observed that the said problems arising out of the statutory scheme and policy framework in fact should have come under review by the State of Maharashtra. It is also observed that an assessment of the working of the statute to realise its purpose and objective are achieved or not is the implied duty of the executive government and that reviewing and assessing the implementation of a statute is an integral part of the Rule of Law. It is in recognition of this obligation of the executive government that the Constitutional courts have directed Governments to carry out a performance audit of statutes. In these circumstances, a facilitative role of the judiciary compels an audit of the legislation, which promotes debate and discussion but does not and cannot compel legislative reforms.
234. It is in these circumstances, for reviewing the working of the Slum Act to identify the cause of the problems as indicated in paragraph 56 of Yash Developers (supra), the Court was tasked to hear the Government, the statutory authorities and the necessary stakeholders including intended beneficiaries by taking assistance of senior members of the Bar, it is ordered that the Bench may consider directing the Government to constitute a Committee for performance audit of the Act. It is with the aforesaid parameters, in our considered opinion, we have reflected on the working of the statute and the problems which have arisen, are discussed herein, for consideration of the Committee to be constituted by the State Government for undertaking a performance audit of the Act :-
Journey of the Legislation
235. The Slum Act was brought into force on 3 September, 1971 and has Page 215 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:58 ::: SMWP1_2024.DOC undergone 21 amendments from 1973 to 2025 as noted in paragraph 214 hereinabove, so as to adapt itself to the contemporary requirements as dealt with by the legislature.
236. The period from 1971 till date is a period of almost 55 years. Considering the nature of the legislation, which was primarily ad-hoc for making better provision for the Improvement, Clearance and Redevelopment of the slum area, it ought to have so far served its purpose by ameliorating the slum in the city of Mumbai as also in other cities in the State. However, time has shown that the extinction of the slums has remained a dream on paper, and in fact the magnitude of surrounding slums in the cities and more particularly Mumbai, is beyond any reasonable imagination and rationale.
237. The reasons are many:
(I) Lack of policy to protect lands from encroachments and prevent formation of slums.
i. No deterrent measures have been implemented to curb the proliferation of unauthorized settlements. On the contrary, it appears that, with the full knowledge of the concerned authorities and/or implicit assistance there has been a tacit recognition of such encroachments and more so on public lands wherever situated in Mumbai leading to formation of slums. Thus, over the years, slums have been permitted to develop on both public and private lands, whether due to inaction or active acquiescence on the part of the authorities. There cannot be any State policy that there is no deterrent against encroachments on private and Page 216 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:58 ::: SMWP1_2024.DOC public lands. Valuable lands belonging to the State Government, as also to the Municipal Corporation, MHADA and other public authorities, have been brazenly encroached upon over the years. Such illegal encroachments are now sought to be recognized under the policies of the Government of Maharashtra for the purpose of implementing slum schemes, whereby free or subsidized tenements are allotted to the encroachers.
ii. On one hand, the encroachments on government lands were permitted by no action being taken and on the other hand, merely because such encroachments have continued for many years and fall within the framework of cut-off dates notified by the State Government, the encroachers are being held to be entitled to in-situ, free tenement of 300 sq.ft. This is not only unconscionable but also amounts to a fraud on the Constitution for the following reasons:
(a) The primary duty of the government bodies to protect the valuable limited public land more so in an island city like Mumbai, the basic legitimate expectation in public interest, has been persistently disregarded for years together, not only by the ground level officials but also by the higher authorities and officials at the highest levels;
(b) Having proliferated the slums, the creation of policies that recognize such encroachments by attributing development potential and categorizing these lands as slums is another aspect which is extremely worrisome and in fact beyond any legitimate principles of law as recognized by the Constitution and/or is against the ethos of the constitutional requirements of allotment of State largesse. A policy granting free and/or subsidized tenements to encroachers of public lands, finds no justification within the constitutional scheme. The consequences of such a policy are deeply concerning when tested on the constitutional Page 217 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:58 ::: SMWP1_2024.DOC principles.
(c) By not taking any action against encroachment, public land is deprived of its potential use and benefits. Such lands could otherwise be utilized for essential public purposes, including hospitals, dispensaries, bus depots, gardens, playgrounds and other civic amenities.
(d) When such encroachments are protected under the statutory schemes that provide free or subsidized tenements, it amounts to dealing with State largesse and that too in a coerced manner, leading to the only consequence that the public land would be required to be used only for the purpose of housing the encroachers/slum dwellers and that too in situ;
(e) Once the compulsory development of such encroached government land as foisted against the principles of Constitutional morality, is being legitimized and being recognized under the legislative scheme of redevelopment of slums. Thus, not only do the encroachers/slum dwellers become the stakeholders in exploiting the land to become owners of the tenements. Also the very development of such encroached land is being legalized, being carried out by the developer appointed by the slum dwellers, who would get a share in the land to construct a building in which apartments for free sale would be constructed, thereby creating private rights over public land under the guise of slum redevelopment.
(f) Consequently, prime government lands, without the will of the people and contrary to the principles recognized by the Constitution in allotment of State largesse, under such camouflage arrangement of the slum redevelopment is expropriated for unintended purposes being foisted by the slum dwellers. At their behest, valuable government lands become available to the developers, which otherwise would have to be obtained through the process known to law if it is to be sought from the Government or acquired from the private owners at competitive market prices. Thus, a patently illegal scheme of siphoning off the valuable government land is legalized by such arrangements under the garb of Page 218 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:58 ::: SMWP1_2024.DOC encroachment and slum formation. Slums are formed wherever an Government/public land is available not even hillocks are spared on mangroves/marshy lands. This is illustrated from the nature of the slums found everywhere in a ariel view as observed by Dipankar Datta, J. (as His Lordship then was) in his concurring judgment in High Court on its own motion v. Bhiwandi Nizampur Municipal Corpn. (Jilani Building) (supra), when His Lordship observed thus:
114. ......Regrettably, instead of moving in the direction to have a planned and sustainable development, the successive Governments together with the Corporation seem to have unabashedly allowed mushrooming of slums at the instance of squatters by encouraging them not only to encroach more and more of public property but, simultaneously, by enacting laws to protect such unauthorized occupation. Enacting laws to further the interests of the weaker sections of the society is the obligation of every State in terms of Part IV of the Constitution and any move in that behalf ought to and must be welcomed. People living in slums do equally have a right of decent living conditions, which can be ensured by relocating them with proper housing facilities. However, a vicious nexus involving high profile personalities, bureaucrats, builders and slum lords have created a situation where public property is first encroached without resistance being provided by the law enforcing agency, followed by a declaration of slum gradually progressing to redevelopment by builders ostensibly for slum dwellers but really to further the interests of the "haves". In the garb of legislation, in a novel manner, a fraction of the population including holders of public offices have continued to prosper by achieving their goals through impure means which are nothing short of betrayal of the trust that the people of this region have reposed in those responsible for an able governance. While it was the need of the hour to make housing projects a reality more effectively and with empathy, what has been laid bare is the apathy and indifference to cater to the needs of the hapless coupled with a complete lack of sensitivity. The reasons are not far to seek. Quite contrary to the ideals and values embodied in the Constitution which lay down the basic framework of the social and political structure of the country and sets out the objectives and goals to be pursued by the people in a common endeavor to secure happiness and welfare of every member of the society and despite taking oath to uphold the laws, actions of those in power and authority are now invariably driven by political motivations or other oblique considerations. No wonder, the casualty is the compassionate Constitution of ours."Page 219 of 264
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(g) There does not appear to be any comprehensive accounting of how much government land in an island city like Mumbai has not only vanished but is in the process of being lost from the public pool of lands.
(iii) It is wholly unacceptable that merely because the State Government lacks a robust public housing policy and/or a pool of houses being created to be made available for the class of people who are required to encroach such slum, the existence of such slums on government lands would forever deprive the public at large of the benefits of such public lands. Statutory recognition of such encroachment amounts to the grossest fraud on the Constitution. The sequel being that the authorities would state that they would not safeguard the Government lands and by permitting encroachment, make way for redevelopment of the Government land purely for rehabilitation of slum dwellers and purely for commercial exploitation by developers, can never be the rule of law.
(iv) In our opinion, this grave concern requires immediate attention in the working of the Slum Act in the Government having a performance audit of the Slum Act by constituting an Expert Committee. Although considerable time has already passed, there still remain large tracts of government land belonging to the State Government, the Municipal Corporation, MHADA, MMRDA and other public bodies, which suffer encroachment and are at the risk of being permanently lost to private exploitation. In our opinion, the only approach would be for the Government to review the slum rehabilitation policy qua the Page 220 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:58 ::: SMWP1_2024.DOC public lands and to not recognize any right of encroachers who occupy such land, irrespective of the duration of such occupation, particularly for whatsoever period for rehabilitation and more particularly in respect of in-situ rehabilitation. Recognizing such rights amounts to conferring legitimacy upon illegality of the highest order, and no illegality of such magnitude can be rewarded with the grant of free slum tenements under any scheme, even if constructed by private developers.
(v) The endeavour of the State Government needs to urgently undertake demarcation of the public lands which are encroached and more particularly considering that in a city like Mumbai and its suburbs, public land is extremely scarce and must be safeguarded rather than siphoned off in such a manner. No patronage by official machinery, slum dwellers, developers, public representatives or higher officials in the Ministry can overlook the basic requirement of the Constitution against such coerced utilization of public land for the benefit of encroachers and private development. In fact, a robust mechanism must be instituted to take strict action against the officials who are guilty of dereliction of duty in safeguarding public lands.
(vi) If the Government is nonetheless of the opinion that such encroachers require rehabilitation, then a robust housing policy must be formulated to create a pool of government-owned housing that can be made available on a licence basis for reasonable compensation and an appropriate expert study on such issue is required to be undertaken. It is in such context of government lands that the Division Bench of this Court in Jilani Building has Page 221 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:58 ::: SMWP1_2024.DOC frozen any slum rehabilitation scheme on government lands and has permitted such schemes to operate only in the following terms.
"xii) In so far as the State Government's land and/or other public lands in respect of which, till date no slums schemes are approved by the Slum Rehabilitation Authority, such lands shall not be redeveloped under slum redevelopment schemes, unless the State Government or the concerned public authority gives a 'no objection', to be published, in at least two local newspapers, that in future it does not require such public lands for any of its purposes, or for the public purposes of any other public bodies under the State or the Central Government. Unless, such no objection is received from the State Government or the Central Government or any other public body, the development of any slum scheme or private utilization of such land shall stand freezed.
xiii) The State Government and the public bodies shall take appropriate steps as permissible in law, to remove the encroachments of the public lands as described in (xii) above, so that land is made encroachment free, to be utilized for public purpose.
xiv) In the event the encroached lands are required by the State Government or by any public body, steps be taken to remove the encroachment and make the land encroachment-free within one year, by rehabilitating the slum dwellers of such lands, if they are protected occupiers. Such eligible slum dwellers be rehabilitated in any other part of the city or in the municipal jurisdiction of the adjoining municipal corporation as the State Government may decide."
(vii) The aforesaid terms are followed only in breach, which become a matter for the accountability of the Chief Executive Officer or any other Government official in appropriate proceedings.
(II) Vertical slums : (i) Whether it is affordable to have vertical slums wherever there are open
lands in Mumbai and other cities, is a matter of serious concern, particularly when it is a common sight. The slum tenements are scattered all over, the density of population would certainly not commensurate with the development potential Page 222 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:58 ::: SMWP1_2024.DOC of the land. The concept of enhanced development potential for slum redevelopment was first introduced under the Development Control Regulations, 1991 by the incorporation of DCR 33(10). Illustratively, if the land encroached is say about 10000 sq.ft. and accommodates 435 slum dwellers, the DCR provision may permit an FSI of up to 4, which would be equivalent to 40000 sq.ft., out of which only a meagre percentage would be available for rehabilitation of the slum dwellers and the remaining development potential is made available to the developer for free-sale buildings. The cost of constructing rehabilitation buildings is thus effectively subsidized through the private commercial exploitation of the remaining land. This is precisely the scheme. Thus, the land which had scattered slums, ultimately houses distinct vertical settlements, one consisting of rehabilitation buildings for slum dwellers and the other comprising of free-sale buildings marketed in the open market. Thus, the density of the residents on the very same plot of land by such redevelopment is increased to four times from what was the original position or even sometime more depending on the number of tenements in the same area, the developer will fix. This mechanism not only enhances the density of the population on the existing land by bringing on such land a large number of people from the open market but also adds to the woes on the weak and challenged infrastructure like width of the road, water, electricity, hospitals, lack of open space, gardens, sewerage etc.
(ii) Mr. Seervai has pointed out the pathetic condition of these vertical slum buildings being permitted to be constructed, having no light and ventilation, and in between two slum buildings, dust and filth being rampant. If such position is Page 223 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:58 ::: SMWP1_2024.DOC to be believed in respect of such redevelopment, the question is whether at all the object of the Slum Act is being achieved or the same is proved to be counter productive.
(iii) Certainly in undertaking redevelopment of the slums, there is no warrant for straining the existing infrastructure by having the vertical redevelopment of the slums. This aspect requires an appropriate study, more particularly considering that in a larger city like Mumbai, there is hardly any open space left except to be utilized for redevelopment of the slums. The suggestions of the learned Amici as made by Mr. Seervai need to be considered by the State Government.
III. Identification and demarcation of slum land :
(i) There is an urgent need for phasing of these slums by undertaking demarcation of such slums, in regard to which, the Slum Rehabilitation Authority has already initiated steps such as geo-mapping, satellite imaging and biometric identification, in order to freeze the number of slum dwellers in such areas, whether situated on private or public land. A comprehensive assessment of housing requirements for such occupants must be undertaken.
(ii) If slums are to be permanently ameliorated and/or removed, a robust mechanism to prevent further encroachment and a systematic manner in which such encroachment would be dealt with by creating public housing is the need of the hour. It is only in these circumstances that an adequate and appropriate utilization of the resources can be brought about. It is inconceivable that Page 224 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:58 ::: SMWP1_2024.DOC encroached land should be used primarily for housing coupled with private commercial exploitation, thereby leading to the creation of a monstrous concrete jungle.
IV) Role of the Slum Societies and their Controlling Authority:
(i) From the ground reality, and as to what is actually happening in the redevelopment of slums, is the purported formation of the co-operative society by the slum dwellers and technically in a method being followed by them as recognized by the Slum Rehabilitation Authority by holding a special general meeting under the supervision of the concerned Deputy Registrar of Co-
operative societies (Slum Rehabilitation Authority) and such meeting being held to appoint a developer. The purported consensus in such meeting to appoint a developer and thereafter a development agreement being entered into with such developer and the developer thereafter submitting a proposal to the SRA for redevelopment of a slum, which would include construction of a slum rehabilitation building to house the slum dwellers and construction of a free sale building from where the developer would compensate himself by selling the residential and commercial spaces in the open market. This is normally the scheme in which the redevelopments are taking place. However, the experience is something different and the same has been considered by the Division Bench of this Court in Bishop John Rodrigues vs. The State of Maharashtra & Ors. (supra), where the Court made the following observations in regard to actually the developer hunting the slums and forming societies, and it is the developer who, Page 225 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:59 ::: SMWP1_2024.DOC under such garb of having been appointed by the societies, does everything right from the beginning and culminates it into the construction. The said observations of the Court are required to be noted which read thus:-
"99. The SRA and whosoever is concerned in regard to the slum redevelopment need to be conscious of the ground realities namely that it is an herculean task in a city like Mumbai to remove any encroachment on private and public land. It is equally difficult for a private owner of the land to safeguard its land and prevent encroachment. This is the sad story, as encroachment does not happen by such encroachers simplicitor squatting on the land, invariably the encroachment is backed inter alia by slumlords, criminals, social workers, politicians (as the squatters would be vote banks). For a bonafide landlord, it is impossible to fight with such forces and keep litigating on removal of encroachment. Thus, to achieve removal of the encroachment, is seen to be impossible for the landlords and for public bodies like State Government and Municipal Corporation as also the Airport Authority, as major public lands in the City of Mumbai have vanished from the public pool and are subjected to private development by developers under the garb of slum re-development, as the rulings of this Court on several such issues would remind us of these woeful realities. In these circumstances, persons like the developers who are interested in commercial exploitation of any land under the slums may it be private or public, who are backed by other powerful forces and many times also by the government machinery, initiate proceedings under the Slum Rehabilitation Act for declaring private land as a slum. The moment such a declaration takes place, a nightmare and one of the most difficult journeys any citizen who owns land, commences namely to pursue litigation on such a declaration. It is hence as good as a preliminary capital punishment in so far as the ownership rights qua the private land are concerned. The way forward is just to be imagined. This being the case immediately developers who keep track on such development potential purportedly at the behest of the slum society come forward on a purported appointment by a slum society. In reality it is seen that it is the developer who actually forms the slum society. He is the one who is taking steps to enter into a development agreement with the society and the slum dwellers and put up a proposal before the SRA through his architect, everything in the name of the slum society. This for the reason that there is a bonanza of FSI of a free sale component available to be developed by the developer. The question is why should the developers have such bonanza on a land of somebody's ownership or of a private ownership. Thereafter, the SRA purporting to exercise some pious obligation would, under a label of social sympathy and purportedly to forward the object of the Slum Act, commence a process to permit development at the hands of such developer and in a given situation, start proceedings to acquire the land. To say the least, we can certainly take a judicial notice that this has been a sad reality, replete on this branch of slum jurisprudence, as majority of these cases are asserted by the developers with all resources and legal ammunition they could have."
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(ii) There is so much of credence to the fact position in regard to the role of the slum societies. First and foremost, it is quite difficult for a slum society per se to have any expertise in selection of a developer, inasmuch as it would be the leaders of the slums who have in reality been approached by these developers, to get convinced that a particular developer needs to be appointed and that too for a large project, foisting their discretion on the other slum dwellers. The reason being that the credentials of such developers appointed would be tested for the first time when a proposal is submitted to the SRA by such developers. However, the proposal is itself submitted only after the development agreement is entered into with the slum dwellers. Thus, once the developer is appointed by executing the agreement, it becomes an irreversible position for the society to back out from such agreement, in the event the developer subsequently appears to be not worthy of taking forward the development. There is a likelihood of a number of issues / disputes arising on account of the developer not specifically not complying with its obligation under the development agreement. This is the normal situation. In such context, prominently the issues which reach before the Court are the issues of non payment of transit rent, the developer not entering into the permanent alternate allotment agreement by demarcating specific tenements, commercial or residential, gross delay in undertaking the redevelopment and the dispute in regard to financial incapacity, to name a few.
(iii) On the aforesaid backdrop, in our opinion, such redevelopment cannot be purported to be a slum dweller society-centric (when in reality it is not) it is in fact developer-centric, inasmuch as it is the developer who does everything right Page 227 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:59 ::: SMWP1_2024.DOC from formation of the society and managing all subsequent affairs with the SRA till the occupation certificate is granted. The reality is that it is the developer who controls everything and the entire slum redevelopment wherever it takes place is a developer's paradise.
(iv) This model in the statutory colour it wields needs to be reconsidered, is our opinion, which would be by streamlining the role of the slum society and participation of the slum dwellers in the redevelopment being replaced by having a robust mechanism which would involve the committee of the SRA that would in fact identify and select a reputed developer from its panel so as to effectively achieve the goals for the society of slum dwellers. Solely everything being done sub silentio by the society, when in fact it is undertaken by the developer, needs fundamental correction. This more particularly, considering the helplessness of the slum dwellers in finding out the right person to be appointed as a developer, which itself goes to the root of the redevelopment, as large number of disputes are arising only from such position of the developer which is between the society and the SRA.
(v) This assumes importance, more particularly when the land on which the slum redevelopment is being undertaken, is the land belonging to the State Government or to public bodies like the Municipal Corporation, MHADA, MMRDA etc. The question arises as to why, in respect of such lands, the society needs to be the sole propeller to initiate redevelopment and ultimately this developer, the society and the SRA become the only active participants in the development, with the owners of the land namely the State Government, Page 228 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:59 ::: SMWP1_2024.DOC MHADA, MMRDA, etc., being rendered to be mute spectators in the scheme of redevelopment as it stands. In this regard, serious observations are made by this Court in Galaxi Enterprises (supra) as also in New Janata SRA Co-op. Housing Society Ltd. (supra).
(vi) We find from the provisions of the Slum Act as also the DCPR 33(10) that the role of the society is very limited as specified in Sections 13, 15A and Regulations 1.6, 1.11, 1.16. This certainly requires a deeper reconsideration as such relationship inter se between the society and the developer vis a vis SRA has generated enormous litigation.
V) Slum on Private Lands: (i) Slum redevelopment, from the very beginning, when the Slum Act was
introduced, has been the subject matter of litigation. As noted hereinabove, slums are generated by encroachments on public and private lands. Once slum settlements come into existence, they are, for all effective purposes, regarded as areas of concern within the urban agglomeration, affecting town planning and the surrounding areas in their vicinity. The procedure to declare a slum under Section 4 is the first step towards recognizing such a slum. If such declaration is in respect of private lands and in regard to settlement on private lands which are regarded as slums, large scale litigation is generated by challenging such action. The concern is for disputes raised before different authorities as also before the Court, is the action on the part of the Slum Rehabilitation Authority to take recourse to the provisions of Section 3C to declare the area as a "slum Page 229 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:59 ::: SMWP1_2024.DOC rehabilitation area", at the request of a slum society, and once such slums are so declared as "slum rehabilitation areas", under the garb of the owners not undertaking the redevelopment of the slum, the Chief Executive Officer resorts to compulsory acquisition of the private lands for the purpose of slum redevelopment at the hands of the society so appointed. This has been the subject matter of consideration in several cases before this Court. (Ref.: Indian Cork Mills Pvt. Ltd. vs. State of Maharashtra, Bishop John Rodrigues Vs. State of Maharashtra and finally the decision of the Supreme Court confirming the said decision of this Court in Tarabai Nagar Cooperative Housing Society Vs. State of Maharashtra and Saldanha Real Estate Pvt. Ltd Vs. Bishop John Rodrigues and Ors).
(ii) It is quite routinely seen that the provisions for declaration of a land as slum are invoked by the Chief Executive Officer so as to deprive the owner of the preferential rights of redevelopment of his own land. The position in this regard although now is well-settled.
(iii) The thought in this regard is required to be to weed out slums in private properties so as to ameliorate the slums phasewise and for which proper technical assistance is to be provided by the SRA. A need for appropriate provisions which would safeguard the valuable rights of property of the landowners which include the right to enjoy all the benefits derived from it (usufruct) are required to be considered, can a deeper thought on such aspect is the need of the hour. Page 230 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:59 ::: SMWP1_2024.DOC VI Constitution of Apex Grievance Redressal Committee (AGRC) and Grievance Redressal Committee (GRC):
(i) A Full Bench of this Court in Tulsiwadi Navnirman Co-op. Housing Society Ltd. & Anr. vs. State of Maharashtra & Ors. (supra) was considering large scale litigation reaching this Court on issues pertaining to slums and redevelopment of slums, which involve a fact finding exercise. It is in such context, and also in the context of the decision of this Court with regard to the nature of powers conferred upon the State and Slum Rehabilitation Authority during the course of implementation and monitoring of the Slum Rehabilitation Scheme, that the issues were considered by the Full Bench of this Court as referred by the Division Bench in the case of Tulsiwadi Navnirman Co-op.
Housing Society (supra). The relevant observations as made by the Court are required to be noted, which read thus:
"2. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, (hereinafter referred to as "Slum Act" for short) came to be extensively amended in 1996-1997 and 2001, introducing Chapter I-A therein. That Chapter is entitled "Slum Rehabilitation Scheme". Under that Chapter falls Section 3A. This provision is inserted with a view to establish a Slum Rehabilitation Authority (S.R.A. for short) for implementing Slum Rehabilitation Scheme. After this Chapter was introduced in the Slum Act and such Authority became functional for Brihanmumbai and its suburbs, that the S.R.A. decided to undertake and implement several rehabilitation schemes. The State took notice of proliferation of Slums on public lands and properties. Therefore, it decided to confer wide powers on the S.R.A. so that the public lands are cleared by S.R.A. acting in co-ordination with the local authorities. For that purpose, the State Government made appropriate amendments and inserted provisions in the planning and local laws. Insofar as, Mumbai is concerned, S.R.A. was put in charge of permitting developments on lands, which had large slum pockets. Lands were of private/public ownership. Therefore, after amending Maharashtra Regional and Town Planning Act (M.R.T.P. Act) for short, the Development Control Regulations for Brihanmumbai (D.C. Rules 1991) were also amended. These Development Control Regulations are traceable to section 22(m) of the M.R.T.P. Act, 1966.Page 231 of 264
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3. One of the Regulations in the set of Regulations, to control development in Mumbai, pertains to Floor Space Index and its computation (F.S.I.). While, computing the permissible F.S.I. for development of the lands/property, incentives were offered by the State and Local Body (Brihanmumbai Municipal Corporation) to Developers and Builders. An obligation was cast upon them as also the owners of these private lands to rehabilitate the slum dwellers at the same site as far as possible and after discharging this obligation to develop the plot/land. The incentive was increased F.S.I. or appropriate adjustments in computing permissible outer limit. At the same time, the slum pockets were also offered incentive inasmuch as persons residing in slums were permitted to organise themselves into Co- operative Housing Societies and such Co-operative Societies were further permitted to come forward with a proposal for development of the land, on which slums are situated or located, either by societies themselves or an outside Agency and incentives were offered for the same as well.
4. The underlying object for the above being clearance of the lands by removal of the slums and dilapidated structures. It is now a well known fact of which judicial notice has been taken repeatedly, that large scale encroachment takes place as far as Government properties and lands are concerned. The Government and its instrumentalities and agencies are unable to control encroachment, illegal squatting and unauthorised development on its lands as the political will and strength is lacking. The slum pockets being Vote Banks, preventive or prohibitory measures are not initiated at right time. The number of encroachers and squatters on lands, roads and pavements have increased and one can witness the same. Once the incentives were offered as above and regulatory and rehabilitation measures and schemes were mooted number of disputes and differences between the slum dwellers/encroachers and the local authority and appropriate agencies have arisen which are consuming valuable time of this Court. In such disputes, the acts and omissions of the Authorities and Agencies are highlighted. The State and the SRA does not resolve them is the principal grievance. Hence, steps are taken to approach this Court.
5. Every Division Bench assigned constitutional and writ matters on the Original Side has to deal with petitions under Article 226 of the Constitution of India arising specifically from Mumbai, wherein above disputes and differences are involved. The request is to resolve the same in this Court's constitutional and Writ Jurisdiction.
6. Noticing an increasing spate of litigation and the nature of disputes and differences projected therein, it was decided that certain parameters need to be laid down which would enable this Court to take note and cognizance of genuine grievances. Hence, the first and foremost objective of setting up a larger Bench was laying down the parameters.
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14. Broadly, the disputes which are brought before the Court and highlighted by the facts in the two petitions noticed above are between slum dwellers themselves, Slum Dwellers and Developer, Developer in a Rehabilitation project who is not acceptable to a particular group or section of slum dwellers, they propose name of another developer and last but not the least between the slum dwellers, developers and the B.M.C. and S.R.A. This is a common complaint. The implementation of the scheme or project is obstructed and often comes to a complete halt on account of inaction by the S.R.A. and the State Government. They do not take any cognizance of common grievances, for example, removal of the Minority or obstructing occupants from the site etc. On some occasions, they refuse to intervene. The allegation is that SRA or State sides with one group or the other. Resultantly all disputes land up in this Court and that is how petitions under Article 226 of the Constitution of India, are filed."
(emphasis supplied)
(ii) It is in such context, the following questions were framed by the Full Bench as set out in paragraph 15 of the said decision, which read thus:
"15. There are several such matters which have been grouped together. It is in the backdrop of such factual and other disputes and complaints with regard to implementation/non implementation of the schemes and projects meant for slum dwellers that the following questions were formulated, for being answered in this reference, by the Division Bench:--
(a) Whether, a private party can seek resolution of dispute and claim relief entirely falling in the private domain, under the garb of Public Authority not functioning?
(b) Whether Municipal Corporation or S.R.A. are responsible for defaults, under the schemes of Slum Redevelopment or under Urban Renewal Schemes?
(iii) The aforesaid issues were answered by due consideration of the provisions of the Act and Development Control Regulations in the following terms:
"111. We have actually not nor should it be understood that we have in any way expressly or implied restricted the scope of applicability of Article 226 of the Constitution to such cases. We have only indicated certain cases where inter or intra-departmental mechanism may be invoked in consonance with the scheme of the Act before approaching this Court. Such classification is not exhaustive but is merely an indication of class of cases where the Court in its discretion may require the parties to take recourse to such remedy. These principles are neither innovative nor new percepts but are re-appreciation of well accepted principles.Page 233 of 264
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112. Compelling the parties to file suits would neither be efficacious, alternate remedy nor would meet the ends of justice in all cases.
113. Till such time as the Legislature or the State Government makes changes or amendments, it would be just, fair and proper to direct that a Monitoring Agency/mechanism should be set up by the State so that the power to supervise and issue directions available in the Slum Act can be exercised effectively. The State Government as also the Slum Rehabilitation Authority has not opposed this course during oral arguments. Hence, we are of the view that the State should immediately establish a monitoring agency. It is necessary to do so for the following reasons:--
114. That apart, with a view to remove all apprehensions in the minds of slum dwellers and other aggrieved parties, we suggested to the learned Advocate General that the State should immediately set up a monitoring agency/mechanism so that the power to supervise and issue directions available in the slum Act can be exercised effectively. In all fairness, learned Advocate General stated that directions be issued in that behalf. The State should immediately put a monitoring agency in place.
a) Considering that the Eligibility criteria is determined by the District Collectorate and in cases of land belonging to public body by the Competent Authority thereof, the scheme works with co- operation and co-ordination of these Authorities. It is, therefore, of utmost importance that the SRA acts as a Chief Co-ordinator and the Government, being the ultimate and final body, which establishes authority like SRA and sets up public authorities like MHADA, MMRDA etc. should have a final word.
b) The Government and all such bodies have a duty to undertake and implement these projects. The implementation is not restricted only to sanction and approval of plans and grant of permission. The Government must see to it that the purpose of establishing SRA is achieved and slum dwellers are rehabilitated, so that the government and private lands are slum free. Equally the pavements, which are meant for use of residents and tax payers are cleared. In other words, if the Government does not want proliferation of slums, then it has to take steps to ensure Coordination and Harmony amongst the Agencies and Authorities.
c) It would be of utmost importance that the Government sets up high power committee, consisting of a person, preferably a Principal Secretary, to be nominated by the Secretary, who shall be assisted by Chief Executive Officer/SRA, CEO/Vice President of MHADA and CEO/Vice President of MMRDA and Commissioner of Municipal Corporation, Gr. Mumbai.
d) That any complaint about eligibility of slum dwellers, eligible slum dwellers being denied tenement, developers not undertaking and completing the project as per the permission and approval so also within the stipulated time frame, transit accommodation being unavailable or not provided for etc. shall be addressed to this Committee and grievances be looked into by it accordingly. The Courts cannot be approached straightway unless and until above mentioned Committee is first moved by the aggrieved person in the form of an application/complaint in writing. If the grievance is not redressed or complaint/representation is not attended to, then and in Page 234 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:59 ::: SMWP1_2024.DOC that event this Court can be approached under Article 226 of the Constitution and not otherwise. Ordinarily, no person can approach this Court directly without exhausting the above remedy.
115. In the result, we are of the opinion that writ jurisdiction is available in matters of Rehabilitation of Slum Dwellers but the limits of exercise of power should be confined and restricted to matters, which remain unresolved despite the remedies of Appeals etc. being exhausted. Similarly, in the illustrations given by learned Advocate General, this Court can be approached only if the decision of SRA or State is permissible for being interfered with on the settled principles in writ jurisdiction. We have given illustrations and categories of case wherein a prerogative writ may be issued so as to ensure smooth and effective implementation of Slum Rehabilitation Scheme. However, the writ jurisdiction will not be available where the dispute is essentially private or contractual and the State Government, SRA and other local bodies are impleaded as parties only to file writ petition. In other words, when the main relief is not sought against these bodies, yet, they have been impleaded as parties and the dispute is mainly and essentially between private parties involving purely private law, then, writ petition is not the remedy.
(iv) The questions framed in paragraph 15 were answered by the Full Bench in the following terms:
"118. In the result, we answer the question framed hereinabove as under:
A) While exercising the Jurisdiction and powers under Article 226 of the Constitution of India in matters concerning Rehabilitation - of Slum Dwellers and schemes framed under relevant statutes, distinct yardsticks cannot be carved out nor separate parameters laid down by this Court. B) However, the limits and restrictions which are placed on the writ jurisdiction of this Court by Authoritative pronouncements of Supreme Court would govern the writ petitions challenging the orders, actions/inaction of the Authorities in-charge of implementing and/or monitoring the Slum Rehabilitation Scheme.
C) It is clarified that ordinarily a petition under Article 226 of the Constitution of India can be filed and depending upon the facts and circumstances of each case, this Court can decide to intervene, even if, alternate remedy provided above is not exhausted by the petitioner.
However, such intervention should be minimum and the Court must abide by the Rule of caution and Prudence enunciated by the Supreme Court in this behalf. In exceptional and deserving cases, this Court would exercise its powers and no general rule can be laid down in that behalf. D) As far as disputes and questions involving the slum dwellers and Slum Rehabilitation Authority/Public Body/State, Co-operative Housing Society of Slum Dwellers and Developers, Registered Co-operative Housing Society of Slum Dwellers on one hand and proposed Co-operative Society on the other, Developers and S.R.A./State, a Writ petition under Article 226 of the Constitution of India would not lie or would be entertained unless Page 235 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:59 ::: SMWP1_2024.DOC and until the parties exhaust the remedy of approaching the High Powered Committee referred to above.
E) The only exception that can be made to Clause (D) above, is with regard to Writ petitions challenging the validity and legality of the Rules, Regulations and Policy Circulars/directives issued under the Statutory provisions or the vires of the Statutory provisions themselves. In such cases, the Court would not insist upon exhaustion of remedies stipulated above. Similarly, if a High Powered Committee/Authority refuses to act on the representations/applications despite proof of the same having been received, then, in appropriate cases, directions can be issued to the said Authority. However, the parties must satisfy this Court that they had made a grievance with regard to inaction of High Powered Committee to the State Government and it has also refused to issue any directions to either that Authority or SRA. Thus, if the State inaction is also alleged, then, the petition can be entertained. However, grant of relief would depend upon this Court satisfying itself about the promptness or sense of urgency shown by the aggrieved party apart from its bona fides in approaching this Court. F) Needless to state that the Rule of Prudence and caution evolved by the Supreme Court with regard to exhaustion of alternate remedy would always be applicable. If the disputes and questions raised involve factual aspects or necessitate leading of oral and documentary evidence, then, this Court can refuse to interfere in writ jurisdiction leaving open to the parties, remedy of suit in competent civil court or Arbitration. G) It is clarified that purely private disputes or those involving contractual rights, brought before this Court by way of writ petitions, will have to be ordinarily resolved by recourse to civil suit or arbitration and this principle would apply even to petitions where the State, S.R.A., B.M.C., MHADA etc. are impleaded as parties.
H) An exhaustive category of such cases and disputes cannot be framed and the General principles governing writ jurisdiction would be applicable having regard to the facts in each case."
(emphasis supplied)
(v) In view of the aforesaid directions of the Full Bench, initially a High Power Committee (HPC) was constituted by the State Government to adjudicate the disputes of the kind as observed in the said decision of the Full Bench. However, subsequently, an amendment was brought about to the provisions of the Slum Act by incorporating Section 34A and Section 34B for the constitution of AGRC and GRC respectively. Such amendment was incorporated by Maharashtra Act No. 33 of 2023 with effect from 8 March, 2017. Sections 34A and 34B are required to be noted, which read thus:
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P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:59 ::: SMWP1_2024.DOC "34A. Constitution of Apex Grievance Redressal Committee.--
(1) The State Government shall, by notification in the Official Gazette, constitute, the Apex Grievance Redressal Committee or Committees, for such area as may be specified in the notification, consisting of the Chairperson and such number of members and for the purposes of exercising such powers and performing such functions as the Government may deem fit to assign to it under this Act.
(2) The Apex Grievance Redressal Committee shall exercise the powers and perform the functions, as follows, namely :--
(i) to hear and dispose off appeals against orders of the Chief Executive Officer or any Officer to whom the powers are delegated by the Chief Executive Officer, as provided under this Act;
(ii) any issues or matters referred to it by the State Government.
(3) The qualifications of the Chairperson and the members of the Apex Grievance Redressal Committee, the procedure to be followed for transacting its business and quorum for its meetings, shall be such as may be prescribed.
34B. Constitution of Grievance Redressal Committee.-- (1) The State Government shall, by notification in the Official Gazette, constitute Grievance Redressal Committees consisting of Chairperson and such number of members as the Government may deem fit, for such areas as may be specified in the notification for the purposes of exercising the powers and performing the functions as may be assigned to it under this Act.
(2) The qualifications of the Chairperson and the members of the Grievance Redressal Committee, the procedure to be followed for transacting its business and quorum for its meetings, shall be such as may be prescribed."
(vi) It is thus clear that AGRC would exercise powers to hear and dispose of appeals against the orders of the Chief Executive Officer or any officer to whom the powers are delegated by the Chief Executive Officer, as provided under the Act. Further, the "Grievance Redressal Committee" exercises powers as assigned to it under the provisions of Section 35 of Slum Act that is to decide the appeals.
Section 35 reads thus:
35. Appeals.--
(1) Except as otherwise expressly provided in this Act, any person aggrieved by any notice, order or direction issued or given by the Page 237 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:59 ::: SMWP1_2024.DOC Competent Authority, may appeal to the Appellate Authority, who shall be a person holding a post not below the rank of Additional Collector, in respect of the areas of Municipal Corporations and "A" Class Municipal Councils, and not below the rank of Deputy Collector, in respect of areas of other Municipal Councils, to be notified by the State Government, within a period of thirty days from the date of issue of such notice, order or direction.
(1A) Any person,--
(a) aggrieved by any notice, order or direction issued or given by the
Appellate Authority under sub-section (1), may file an appeal within a period of thirty days from the date of receipt of such notice, order or direction, before the Grievance Redressal Committee;
(b) aggrieved by any notice, direction, circular, decision, order, permission or approval issued or given by the Chief Executive Officer of Slum Rehabilitation Authority or any Officer to whom the powers are delegated by the Chief Executive Officer, may file an appeal within thirty days of receipt of such notice, direction, circular, decision, order, permission or approval, before the Apex Grievance Redressal Committee. (2) Every appeal under this Act shall be made by petition in writing accompanied by a copy of the notice, order or direction appealed against. (3) Any appeal shall not operate as a stay order appealed from except so far as the Appellate Authority may grant by reasoned order, nor shall execution of any other be stayed by reason only of an appeal having been preferred from, but the Appellate Authority may for sufficient cause order stay of execution of such order and if the notice, order or direction against which appeal is made and is set aside by Appellate Authority on an appeal disobedience thereto shall not be deemed to be an offence. (4) No appeal shall be decided under this section unless the appellant had been heard or has had a reasonable opportunity of being heard in person or through a legal practitioner.
(5) The decision of the Grievance Redressal Committee and the Apex Grievance Redressal Committee on appeal shall be final and shall not be questioned in any court."
(vii) The issues which have continuously reached the Court in regard to matters pertaining to AGRC and GRC are as under:
(a) Large number of matters are pending before the AGRC as well as the GRC. These Committees are unable to dispose of the interim applications and the appeals expeditiously as they do not have regular sittings or have limited sittings considering their composition of its Page 238 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:48:59 ::: SMWP1_2024.DOC members. We take judicial notice of the fact that in this regard several petitions are filed merely seeking directions to the AGRC to decide the appeal or the Interim Application for stay or for interim orders, and for the said reason that these committees do not hold sittings every day and is, on many occasions, available only once or twice in a fortnight.
(b) The next grievance is that, considering the orders which are required to be passed by AGRC on the nature of disputes in the appeal, it is of utmost necessity that a person trained in law, i.e., a retired Judicial Officer or a person who has practiced as an Advocate with sufficient experience at the Bar, be appointed as a Member of the AGRC. We find that presently AGRC comprises of five members, who are officers of the State Government, as follows:
Chairman: Additional Chief Secretary, Mumbai Metropolitan Region Development Authority Committee Members:
Vice President/ Mumbai Metropolitan Region Development Authority (MMRDA) Chief Executive Officer, SRA Additional Municipal Commissioner, Municipal Corporation of Greater Mumbai Additional Commissioner, Municipal Corporation of Greater Mumbai."
The following officers constitute the GRC:
"Grievance Redressal Committee (Mumbai City) Chairperson: Additional Collector / Divisional / Special Executive Magistrate, Mumbai Joint Chief Officer, MMRDA, Mumbai Deputy Commissioner, MCGM as authorized by the Commissioner, MCGM, Mumbai Grievance Redressal Committee (Mumbai Suburban) Chairperson: Additional Collector / Divisional / Special Page 239 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:00 ::: SMWP1_2024.DOC Executive Magistrate, Mumbai Suburban Joint Chief Officer, Rehabilitation and Resettlement Board Deputy Commissioner, MCGM as authorized by the Commissioner, MCGM Grievance Redressal Committee (Thane City) Chairperson: Additional Collector / Divisional / Special Executive Magistrate, Thane Joint Chief Officer, MMRDA, Konkan Deputy Commissioner, Thane Municipal Corporation as authorized by the Municipal Commissioner Grievance Redressal Committee (Pune City) Chairperson: Deputy Commissioner at the rank of Deputy Collector in the office of Divisional Commissioner, Pune as authorized by Divisional Commissioner, Pune Joint Chief Officer, MMRDA, Pune Deputy Commissioner, Pune Municipal Corporation as authorized by the Municipal Commissioner"
(c) We are of the clear opinion that it is high time that both the AGRC and GRC hold regular sittings. Further, multiple Committees should be constituted by categorizing the territorial jurisdiction of such Committees, as permitted by the recent amendment to Section 34A, which provides that one or more Committees may be constituted.
(d) The AGRC needs to have a Chairman, who is a former Judge of the High Court and a Judicial Member (Retired District Judge), considering the nature of the disputes being taken to the AGRC arising from orders passed by the Chief Executive Officer, which involve adjudication of civil rights, including rights touching on the constitutional guarantees under Articles 14, 21, 19(1)(g) and 300A of the Constitution. The reason being that appropriate adjudication by the AGRC concerning such valuable rights of the parties ought not to generate further litigation.
(e) Similarly the GRC needs to have a Chairman to be a retired District Page 240 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:00 ::: SMWP1_2024.DOC Judge and a Judicial Member (Retired Civil Judge) alongwith other members.
(f) At the level of the AGRC, an endeavour needs to be made to bring about a satisfactory resolution, thereby furthering the object and intent of the legislation, since litigation on such issues is neither conducive to the interests of the slum dwellers nor to the State Government, the authorities or the appointed developer and would, in fact, be counterproductive to the redevelopment of slums.
(g) The AGRC as also the GRC are required to decide Interim Applications expeditiously and, in any event, within a period of 15 days from the date of filing of the Interim Application, depending upon the urgency of the matter. Accordingly, the AGRC and GRC need to have more permanent Benches headed by retired Judicial Officers. The suggestion is for the Committee to consider amendment of the provisions of the Slum Act on such issues.
VII Disputes on Annexure II : (i) It is routinely observed that disputes relating to the eligibility of slum
dwellers, ultimately reflected in Annexure-II, generate substantial litigation.
Robust statutory mechanisms and methods now being formulated by slum dwellers, along with the certification of the slum, require systematic institutional efforts to address disputes concerning the eligibility of slum dwellers so that such Page 241 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:00 ::: SMWP1_2024.DOC disputes can be resolved without generating litigation.
VIII Pool of Houses : (i) We are in agreement with the submissions made by Mr. Rustomjee,
appearing for the deceased intervenor Mr. Shirish Patel, that the existing approach of providing free housing ought to be reconsidered. The notion that a poor family residing in an urban area must necessarily be provided with free housing needs to be re-examined. The submissions that every household should contribute towards the cost of its own constructed house, and that subsidized housing loans should be made available for this purpose. Further, for families who are unable to afford EMIs towards the construction cost, housing may be provided by the SRA on a Leave and Licence basis, as suggested in the Afzalpurkar Committee Report.
(ii) In the event, the tenement is allotted free of cost, there should be a preferential right in favour of the Government/SRA in the event of sale in the open market. Such sale should be permitted only in favour of the Government or the SRA at the subsidized construction cost, or at such price as may be determined to be payable by the slum dwellers to the State Government. This would enable the allotment of tenements to persons genuinely in need by enhancing the pool of public accommodation, which may be made available to people who need it.
(iii) In respect of land owned by the Government, such ownership ought to be transferred to a Community Land Reserve, whereby the land is reserved for a Page 242 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:00 ::: SMWP1_2024.DOC specific purpose so that it may always be used exclusively for low-income housing. The sale of such land along with the structures thereon ought not to be permitted. The Community Land Reserve should be managed by non-private bodies that may be created by the State Government.
IX Pool Public Housing : (i) This Court in the decision of Jilani Building, has echoed the need for the
State Government to formulate a policy to create a substantial pool of houses, which can be made available, on payment of compensation, to persons who intend to migrate to cities and occupy such houses by paying the prescribed compensation to the State Government. This would reduce the encroachment on public and private lands and ensure that persons in need of housing are able to reside in decent houses.
(ii) With the development of mass transportation facilities, a significant portion of the existing population who reside in the city are spread across distant suburbs, for whom commuting is not a major impediment. If this be the position for those residing in legitimate housing in suburban areas, the question arises as to why "in situ" rehabilitation on encroached public land ought to be at all permitted. This issue requires urgent reconsideration and total discarding of the provisions of in situ houses by encroachment on public land under the garb of slum redevelopment as noted hereinabove. It is also for such reason that there is a need to create substantial public housing by appointing an Expert Committee to estimate the housing needs of the city and to identify land on which mass Page 243 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:00 ::: SMWP1_2024.DOC housing facilities can be developed.
X Financing arrangement in regard to redevelopment of slum :
(i) Large number of disputes have reached the Court concerning financial arrangements undertaken by developers in the implementation of slum redevelopment schemes. At the outset, it may be observed that financing arrangements in respect of slum redevelopment on private land may not pose significant difficulties. However, where slums are to be redeveloped on land belonging to the State Government or public bodies such as the Municipal Corporation, MMRDA and MHADA, then certainly a specific and a rigorous regulatory control is necessary. It cannot be overlooked that developers are appointed by societies of slum dwellers, while the lands on which such redevelopment is undertaken are public lands. In such circumstances, the issues concerning the mortgage of public land to financial institutions or other financial arrangements between the private financiers and developers must be regulated by the Slum Rehabilitation Authority.
(ii) The nature of the litigation which has reached the Court has shown very serious disputes arising out of the financial arrangements. The slum dwellers are completely unaware of and/or alien to, the ground realities of these financial transactions. Many financiers have become co-developers and are required to be so recognized by the Chief Executive Officer of the Slum Rehabilitation Authority, whereby in such a situation, one party may only have a financial interest while the other party is the party would actually undertake the slum Page 244 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:00 ::: SMWP1_2024.DOC redevelopment. Any dispute arising inter se between such parties or among multiple parties to such arrangements, have severely affected the implementation of the slum redevelopment scheme. Either the finance being not made available or the parties resort to litigation, arbitration, resulting in a stay on redevelopment of the slum. The slum dwellers as also the SRA find it difficult to have any control over such situations as the only tool available with the CEO-SRA is to remove a developer under Section 13 of the Act in the event a slum project is being delayed. The funds brought by one of the parties into the slum scheme become the subject matter of disputes and in such eventualities, things go to the extent of the developers indulging into wholesale trading in the slum scheme and/or in fact dealing in such slum scheme by resorting to a manner to bring another developer or financier into the picture, thereby changing the entire original complexion of the slum scheme. These are complex disputes arising in disputes which have reached the Court (see: New Janta SRA CHS Ltd. vs. State of Maharashtra54 and Paramvir Developers Private Ltd. & Ors. vs. Slum Rehabilitation Authority and Ors.55). The Court has taken a view that insofar as this financial arrangement is concerned, it is the dispute between two private parties and which would be the subject matter of litigation to be adjudicated in a Civil Suit in view of the fact that the Chief Executive Officer would not have any control on inter se financial disputes between two parties and the role of the Chief Executive Officer, SRA would be limited to the effective and expeditious implementation of the slum scheme. No doubt security deposits / bank 54 2019 SCC OnLine Bom 3896 55 Writ Petition (L) No. 41556 of 2025 Page 245 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:00 ::: SMWP1_2024.DOC guarantees are taken from the developers / financers. It is, therefore, necessary that appropriate statutory/regulatory control needs to be introduced, looking at the complexity of such situations so that the slum schemes which are already in process of being implemented are not entangled in such disputes and the slum dwellers do not suffer on such count.
XI The requirement for a maximum density cap for rehabilitation to be fixed:-
(i) This issue is of concern because slum tenements which were originally spread across a larger land parcel would be required to be rehabilitated in a vertical manner through the construction of a slum rehabilitation building. For instance, if a plot of slum measuring 10,000 square meters contains 1000 slum tenements, and such slum tenements are to be rehabilitated vertically in a newly constructed building, an important question arises as to what portion of the land would be required for the rehabilitation of the slum dwellers, and what portion would remain available to the developer for free-sale development in the open market?
(ii) The statistics in such a situation would be significant. Under normal circumstances, not only would the 1,000 existing slum dwellers be rehabilitated on the same plot, but the land would also bear the additional burden of free-sale tenements constructed by the developer after completing the rehabilitation component. This situation inevitably raises the issue of density of the population, as the same plot which was originally occupied by 1,000 slum Page 246 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:00 ::: SMWP1_2024.DOC dwellers would eventually accommodate a substantially higher population due to the addition of free-sale residential units.
(iii) Very serious concerns are raised on behalf of the parties as noted by us in recording their respective submissions. There ought not to be any vertical slums, as also the living conditions which are being made available on redevelopment in such high rise slum buildings are commensurate with the normal human requirements of appropriate tenements, which would cater to health, hygiene, light and ventilation and other amenities like open spaces, children's play area, parking etc. to be made available not only to the redeveloped building, but also to the free sale component which is being constructed. The object and intention are not to have congestion or any unmanageable situation insofar as the realistic living space and issues are concerned and more particularly looking at the future of this development. There cannot be an unjust enrichment of the free sale component at the cost of any compromise on the part of the slum dwellers who are not in a dominant position or are in fact in a weak, exploitative and oppressed vulnerable position.
(iv) Also a reference is made to the National Building Code, 2016, (NBC 2016) (Part 3, Section C-2.4.2) which specifies 500 dwelling units per hectare as the maximum density on a plot for 15 sq. metre apartments in four storey walk-
ups. The NBC 2016 does not specify which amenities have to be within a walking distance of the 500 dwelling units per hectare as an essential aspect of the housing construction.
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(v) Mr. Seervai proposes that the maximum density for rehabilitation be fixed at 600 tenements per hectare, which would be consistent with the maximum density of 450 tenements per hectare as specified in DCPR 2034 for general housing projects. This would help safeguard the interests of inhabitants by ensuring that basic amenities in rehabilitation areas are maintained in line with standards applicable to normal redevelopment under the DCPR 2034.
(vi) The suggestion is also that slum TDR needs to be utilized exclusively within slum redevelopment projects and not to be utilized in any other project as prevalent. Hence, the suggestion is that the sale and purchase of TDR be restricted for use in other slum redevelopment projects to maintain uniform density across various slum pockets which are currently unequal. Also, a suggestion is made that the SRA could operate a slum TDR Bank for ease of TDR encashment, sale and regulation of its pricing. The practice of concessions and premiums granted under discretionary power of the CEO-SRA needs to be immediately stopped, so as to facilitate in alienating the vexed issue of apportionment, is the significant suggestion of Mr. Seervai.
(vii) The suggestion is that the essential amenities to be provided on site shall be first defined for the size of the population to be rehabilitated on that site and on no account should the same be compromised. Adequate natural light and ventilation, particularly to the lower floors and the space between buildings for facades that have windows, shall not be compromised. In this regard, NBC 2016 (Part 3, Section 8) which provides for clear guidelines, must be adhered to. If the Page 248 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:00 ::: SMWP1_2024.DOC conditions which are so prescribed in regard to adequate social amenities, density, light and ventilation are not feasible, then in such a case some families shall be relocated on adjacent vacant land or in any other redevelopment site which is less over-crowded. Thus, specific regulations in regard to preventing overcrowding of the slum dwellers and/or any congestion which is vitally affecting the basic human rights of the slum dwellers are matters of prime concern, on which there needs to be appropriate regulations, which presently are lacking. Thus, a more systematic and organized approach to the redevelopment of slum must be taken, as also it should be scientific and well-planned.
(viii) Thus, the suggestion is that a maximum tenement density needs to be provided by suitably amending DCPR 33(10), keeping in view the principles of sustainable development and to ensure that rehabilitated slum dwellers are provided access to basic amenities. Also that the regulation should prescribe a maximum density in line with DCPR 30(B) and the National Building Code of India, 2016, rather than prescribing a minimum tenement density. Thus, the need would be to have a re-look at the provisions of Regulation 33(10), VII, 3.8 which is extracted hereinbelow:-
"3.8 Maximum FSI Permissible FSI that can be sanctioned on any slum site shall be 4 or sum total of rehabilitation BUA plus incentive BUA whichever is more with Minimum Tenement Density of 650 per Net Hectare. Due to local planning constraints and viability of the Slum Rehabilitation Project, the tenement density norms of 650 per net hectare may be reduced upto 25% by Chief Executive Officer, SRA subject to minimum tenement density of 500 per net hectare, In such cases, maximum permissible in-situ/total FSI shall be restricted to sum of rehabilitation and incentive BUA which may be generated in the scheme after such relaxation of tenement density. The computation of FSI shall be done for both rehab and free-sale component in the normal manner, that is giving benefit of what is set down in Regulation No. 31(1). While the areas referred in sub-Page 249 of 264
P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:00 ::: SMWP1_2024.DOC regulations No 6.6 and 8.2 of this Regulation shall not be included for computation of FSI the said areas shall be included for computation of the rehab component. In all cases where permissible in-situ FSI cannot be utilised in situ the difference between permissible FSI and that can be constructed in-situ, will be made available in the form of TDR in accordance with provisions of Regulation No. 32. Provided that permissible in-situ FSI shall be as below.
Provided that the aforesaid FSI shall be exclusive of the fungible compensatory area admissible under the provision of Regulation 31(3).
Criteria Permissible in situ FSI
Access road of 9.0 m. 3.0 or up to the sanctioned FSI of scheme,
and above but less whichever is higher, subject to the observance of
than 13.0 m. building height under reg. 19(2)
Access road of 13.0 4.00 or up to sanctioned FSI of the scheme,
m. and above whichever is higher. Relaxation in marginal open
spaces as required under regulation 41(5)(a)(iii) shall be granted by CEO (SRA) in case of demonstrable hardship. However, minimum Joint Open Space of 9 m for buildings height above 32 m & up to 70 m and 12 m between two adjacent buildings for buildings having height above 70 m but below 120 m shall be insisted. For buildings having height above120 m, joint open space between two adjacent buildings shall be 15 m.
However, CEO (SRA) shall in case of hardship relax it to 12 m after recording reasons in writing. The relaxations granted shall be subject to compliance of requirements of CFO's NOC.
XII Selection of Developers/Appointment of robust developer and quality of construction:
(i) Today developers are appointed by the slum society. The whole edifice of the slum redevelopment is on the developer who needs to be a person possessing appropriate expertise and credentials demonstrating achievements in the construction of rehabilitation buildings and free-sale buildings. Accountability in construction, particularly in regard to quality and compliance with building norms, requires strict implementation. There ought not to be creation of vertical slums, as noted hereinabove. For this reason, a Special Committee of the Slum Page 250 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:01 ::: SMWP1_2024.DOC Rehabilitation Authority to be constituted, is the need of the hour, to monitor the quality of construction in respect of any construction under the slum rehabilitation scheme. Such Special Committee, as may be constituted, must ensure appropriate certification of the quality of construction, particularly considering that the quality of construction of rehabilitation buildings is often not adequately maintained by developers.
(ii) There cannot be any compromise in the quality of construction of rehabilitation buildings merely because the buildings or tenements therein are allotted free of cost. This is an unacceptable approach inasmuch as, irrespective of whether the building is a slum rehabilitation building or a free-sale building, all norms of construction and standards of quality must be strictly complied with.
Certificates of quality and accountability of the developers so appointed must be ensured and recognized for a minimum period of 10 years, which is the least that can reasonably be expected.
(iii) Considering the nature of slums, redevelopment, and development, which involves providing tenements to slum dwellers as well as constructing free sale tenements, it is essential that slum redevelopment projects be undertaken by developers with vast experience and a proven track record in implementing such projects. A basic criteria, as suggested by Dr. Sathe, learned senior counsel appearing for NAREDCO West Foundation, is that developers bidding for such slum schemes be selected based on the size of the slum, built-up area, project cost and density, as specified in clause 3.1.2 (a) of the DCPR. Only those developers who have successfully completed projects of similar scale and possess the required Page 251 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:01 ::: SMWP1_2024.DOC minimum net worth would be considered. The practice of by-night developers, appointed by slum dwellers or societies but actually executing slum schemes through other developers, should be discontinued. The SRA should adopt a digitalized platform, similar to the MCGM system, for sanctioning redevelopment proposals, including establishing a single window clearance mechanism.
XIII Apportionment of Slum Land (i) In regard to vexed issue of apportionment of slum land between
rehabilitation area and sale area, there is no statutory formula or percentage stipulated for bifurcation of land and area between the rehab and sale area under the Slum Act. Thus, any fixed ratio of apportionment would create inflexibility in making the slum rehabilitation scheme further unviable. To overcome this and the situations where the developer has to provide buildable reservations and shifting of reservations under Regulation 17(3)(d) of the DCPR 2034 read with regulation 9 of the DCR, freedom of planning is suggested to be the need of the hour to ensure smooth implementation of slum projects. XIV Identification of slum dwellers and cut-off date freeze:
(i) The submissions as urged before the Court by the different stakeholders lead to an inescapable inference that the Slums Act has failed to achieve its objective, as there is no sign of the slums in such a large metropolitan city like Mumbai or elsewhere, being eradicated. In fact, the slums in all the cities continue to increase, thereby posing insurmountable challenges and giving Page 252 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:01 ::: SMWP1_2024.DOC sleepless nights to the town planners. This, considering that illustratively, for a city like Mumbai, majority of the lands are occupied by slums, and the eradication and/or redevelopment of such slum areas has not been achieved for decades. This itself shows that there is something amiss in the legislation and its implementation, as also in the policy of the State Government for the protection of slums, including those on public lands, and making tenements available to the slum dwellers free of cost in redeveloped premises or at subsidized rates, which are available at Rs. 2.5 lakh per tenement. The suggestions in such context are significant which are as under:-
(a) There needs to be an absolute freeze on the cut-off dates, which cannot be extended by way of any circular and should not be further revised. Accordingly, any slum established after the fixed cut-off date shall not be recognized, and its occupants shall not be eligible for rehabilitation.
In accordance with the applicable legal provisions, such occupants are liable to be removed from the land, whether it is private or public.
(b) Non-protected slum dwellers can be offered housing from the public housing pool, if available, otherwise, they must secure housing in the private sector like any other citizen. The reason is that it is not justifiable for population below the poverty line, or those who are homeless in relation to the city (as opposed to rather than their original place of residence), to move into cities, occupy land illegally, form slums and thereafter benefit from government policies. Such a policy that attracts additional population inflow under such circumstances is Page 253 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:01 ::: SMWP1_2024.DOC unacceptable.
(c) Also, the suggestion is that if a person considers migrating to a city based depending on his economic capacity, either public housing should be made available or the person must access housing through the open market. The practice of providing free or subsequent tenements to encroachers is unconstitutional and should history. There is an evident laxity in government policies. Today, the State Government, as well as public bodies, are virtually landless in cities like Mumbai, which have attained saturation in terms of new construction, as is also the case in other major cities in the State of Maharashtra. It is, therefore, an urgent necessity not to formulate a 'robust policy' that succumbs to social or other extraneous pressures by encouraging encroachment through subsidized housing, but instead to adhere strictly to constitutional principles in policy-making on such issues. This includes reducing population pressure on limited and secure lands and implementing recovery of lands from encroachments where slum rehabilitation schemes have not commenced, and the land is still occupied by slums as held by the Division Bench as far back as in February 2022 in Jilani Building where the Court had already ordered a freeze on any redevelopment of slums on government and public land.
(d) We reiterate that, under the guise of slum rehabilitation, the use of public lands solely for residential and commercial development contravenes constitutional morality and disregards every principle the Page 254 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:01 ::: SMWP1_2024.DOC Constitution recognizes for managing State resources. The magnitude of the issue, where hundred of acres of public land have already been removed from the public pool, is not only a clear warning, but a serious alarm. Yet for reasons not known to the law, this has been consistently overlooked by policy makers. We say so that any rehabilitation to any eligible extent can be recognized. However, such mass illegality, and the fact that there will be no freeze of the slums of the State, in fact itself, has created a chaotic situation, more particularly in respect of international cities like Mumbai, and irreparable damage of such nature happening with open eyes, nurtured as it is, has contributed to ruin. Cities like Mumbai today stand in such a condition. It is already too late; however, effective actions, if taken at least within a decade, can improve things, and there can be some hope of the dark clouds of planning receiving some ray of sunshine. However, this requires political will, it requires executive's will, and it also requires adherence to the rule of law by the citizens. In the event of a single mismatch not being attended to, the chaos which commenced a decade back on such issues would continue to haunt generations to come, converting the city into what only time would tell. Thus, viewed from any angle, unless there is substantial will to improve the situation through a complete revamp of the policies, there may be little scope for the ideals of the eradication of slums to be achieved.
(e) Why for decades together there is no redevelopment of slums in certain areas? There is an urgent need to identify those areas where, for Page 255 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:01 ::: SMWP1_2024.DOC more than 2 to 3 decades, slum redevelopment has not occurred due to the non-feasibility of developing these lands. In such cases, slum dwellers would necessarily need to be evacuated and resettled elsewhere. For example, all the slums surrounding the "Mumbai Airport" and many hilly areas in Mumbai fall into this category. These slums render an international image to Mumbai to be a city of slums although it is commercial capital of the country. High-rise construction in the vicinity of the airport is restricted due to air traffic control regulations. If this is the situation, should the government adopt a selective approach, allowing slum dwellers in such areas to continue living in slums for decades together, even though these lands are legally prohibited from development? This situation results in a disturbing state of affairs in an international city like Mumbai. Any international or domestic traveler arriving in the city would immediately see acres of land in the vicinity of the airport occupied by slums, rather than developed in a planned and safe manner. There cannot be selective redevelopment of slums. This has failed the object of the Act being achieved.
(f) This state of affair demonstrates a complete failure in the implementation of the Act, as well as selective enforcement, indicating the absence of any clear policy or will to cater/address these areas. In such context, a policy is required to recover lands in the vicinity of vital installations, such as the airport and other areas, where the development of slums is automatically restricted. Action must be taken to relocate such Page 256 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:01 ::: SMWP1_2024.DOC slums, rather than attempting in-situ redevelopment, which is itself impermissible, even if it involves large populations that constitute a significant vote bank for the constituents. [Refer to Abdul Majid Vakil Ahmed Patvekari vs. Slum Rehabilitation Authority & Ors. (supra).] In saying this, the observations of Dipankar Datta, J. (as his Lordship's then was) concluding judgment in Jilani need to be remembered which we have extracted herein, which read thus:-
"113. In Lewis Carroll's classic "Alice in Wonderland", Alice was so surprised after entering the rabbit hole that she exclaimed "curiouser, curiouser". Although 'curiouser' is no part of English vocabulary, Alice's utter surprise was sought to be highlighted by the author by preferring an unconventional 'curiouser' to the grammatically correct 'more curious'. Alice would have certainly exclaimed "curiouser, curiouser", had she descended in this wonder city, Mumbai, and noticed the stark urban inequalities resulting from the exceedingly sharp contrast between the wealthy and the poor, the opulent and the frugal. While the affluent enjoy lavish life-styles and show-off their new expensive acquisitions, the whole lot struggling day long for securing their daily share of meal lack proper housing facilities and even the basic of civic amenities. The gap between the "haves" and the "have nots" is so pronounced that no matter whatever welfare measures are thought of by social, political and economic reforms, it may not be possible in the near future to achieve even a token equality. No wonder, as far back as in 1956, a melodious duet of two extremely popular voices of Bollywood cautioned that it was difficult ( mushkil) to live in (erstwhile) Bombay and that one would have to try hard to find a heart (dil) here.
114. Erstwhile Bombay, now Mumbai, is home to people coming from across the country in search of livelihood. This migration has not only added to the dense population, making Mumbai the most populous Indian city, it has immensely burdened the housing sector so much so that 41.3% of the population live in slums. Anyone taking an aerial view of Mumbai, also called the city of dreams, would be fascinated by the swanky sky-scrapers but disheartened by the structures at the foot of such sky-scrapers covered mostly by blue tarpaulin covers. These are the densely populated single-storey or double-storied slums accommodating almost half of the population, which co-exist as neighbours with real estate developments of extravagance. Despite these pronounced inequalities, people here seem to have accepted that this is the way life should go on. Mumbai happens to be the financial capital of this great nation and the extent of developments that one can see having taken place in Maharashtra are significant. The annual budget of the Municipal Corporation of Greater Mumbai is more than Page 257 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:01 ::: SMWP1_2024.DOC several mid-sized States of India. It is, therefore, not unreasonable to assume that sufficient financial resources are at its disposal, and one would have expected the Government and the Corporation, whoever was at their helm, to adequately plan development by making appropriate budgetary provisions for affordable housing projects for the not-so-fortunate working class of people living in slums. Regrettably, instead of moving in the direction to have a planned and sustainable development, the successive Governments together with the Corporation seem to have unabashedly allowed mushrooming of slums at the instance of squatters by encouraging them not only to encroach more and more of public property but, simultaneously, by enacting laws to protect such unauthorized occupation. Enacting laws to further the interests of the weaker sections of society is the obligation of every State in terms of Part IV of the Constitution, and any move in that behalf ought to and must be welcomed. People living in slums do equally have a right to decent living conditions, which can be ensured by relocating them with proper housing facilities. However, a vicious nexus involving high-profile personalities, bureaucrats, builders and slum lords has created a situation where public property is first encroached without resistance being provided by the law-enforcing agency, followed by a declaration of slum, gradually progressing to redevelopment by builders ostensibly for slum dwellers but really to further the interests of the "haves". In the garb of legislation, in a novel manner, a fraction of the population, including holders of public offices, have continued to prosper by achieving their goals through impure means, which are nothing short of betrayal of the trust that the people of this region have reposed in those responsible for able governance. While it was the need of the hour to make housing projects a reality more effectively and with empathy, what has been laid bare is the apathy and indifference to cater to the needs of the hapless, coupled with a complete lack of sensitivity. The reasons are not far to seek. Quite contrary to the ideals and values embodied in the Constitution, which lay down the basic framework of the social and political structure of the country and set out the objectives and goals to be pursued by the people in a common endeavour to secure happiness and welfare of every member of society, and despite taking oath to uphold the laws, actions of those in power and authority are now invariably driven by political motivations or other oblique considerations. No wonder, the casualty is the compassionate Constitution of ours."
(ii) The preparation of Annexure-II, which determines the eligibility of slum dwellers, has been found to be extremely time-consuming, complicated, and litigious. A robust scheme, to be implemented by specialized officers of the SRA, needs to be formulated for determining eligibility of the slum dwellers for inclusion in Annexure-II. This scheme may use technologies such as GIS, Page 258 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:02 ::: SMWP1_2024.DOC biometric systems, or an automated annexure system, and once eligibility is determined, it must be frozen. In addition, further additions to Annexure-II or attempts at re-survey needs to be discouraged. The database of eligible slum dwellers must be published and notified on the official website of the municipal corporation. Correct data, certified in soft form by the officer who determines eligibility, with the counter-signature of the appropriate authority, shall always be maintained. All supporting documents must also be preserved and made available, area or project-wise, on the official website. The rationale for this is to ensure transparency and accountability, the officer who determines eligibility and the concerned persons must have clear records of how a particular slum dweller qualifies for free or subsidized accommodation, especially in prime locations. No other person, forum, court, or state authority should be left unaware of the basis for eligibility and the benefit conferred. The regime of circulars govering such issues needs to be replaced by a Statutory Mechanism. XV Maintaining of town planning reservations:
(i) It is essential to free up amenity space by relocating a slum from one plot to another plot and undertaking a joint/cluster redevelopment of the slums. The approach should be to ensure that the amount of open or designated reserved land, to which such a cluster redevelopment scheme would apply, is preserved and made available. SRA projects should not be implemented at the expense of open spaces. Thus a policy in this regard on prioritizing public spaces on par with public projects and providing incentives for clearing and maintaining open spaces via different methods like amalgamation of slum rehab projects on open Page 259 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:02 ::: SMWP1_2024.DOC lands with other slum schemes, has been suggested.
Conclusion
238. We are in complete agreement with Mr. Darius Khambata, Mr. Sharan Jagtiani, Ms. Naira Jeejeebhoy, learned amici and the learned Counsel appearing for the different stakeholders on the valuable inputs given by them as succinctly captured in the chart of suggestions as prepared by the learned Amici which shall form part of the judgment as an "Appendix" as attached to the judgment.
239. In light of the aforesaid observations and the mandate of the Supreme Court in Yash Developers (supra), on the need to review the working of the Slum Act to identify the causes of issues highlighted by the Supreme Court in paragraph 56 of the judgment, we have made the aforesaid endeavour to record the concerns and the suggestions.
240. In the light of the above discussion, we direct the State Government to constitute an "Expert Committee" having adequate and appropriate members for conducting a performance audit of the Act, so as to make the Slum Act more effective on the issues discussed in this judgment, with the only objective of enabling the Government to achieve the distant dream of slum-free Mumbai, as well as other major cities in the State of Maharashtra.
241. The committee to be appointed by the State Government for reviewing the performance audit of the Slum Act shall comprise of experts in town planning, two of whom shall be one representatives of the Municipal Corporation of Greater Mumbai and one representative from the Pune Municipal Page 260 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:02 ::: SMWP1_2024.DOC Corporation, and one representative from the Directorate of Town Planning, Government of Maharashtra. It shall also include two independent architects having expertise in building construction and town planning.
242. Further, the committee shall include the Principal Secretary of the Urban Development Department and an Additional Principal Secretary, as may be nominated by the Chief Secretary, who possess expertise in such matters. The committee shall also comprise of two expert public representatives having specialized knowledge and expertise. Inclusive of such members, the strength of the Committee be fixed by the State Government in Town Planning.
243. Such committee shall be constituted within a period of four weeks from today. The State Government shall thereafter consider the recommendations of the committee shall take a decision as it may find appropriate, in the light of the report which may be submitted by such Committee. An endeavour be made by the Committee to make its report within a period of ten months.
EPILOGUE
244. While parting, we may observe that the present proceedings, as entrusted to this Bench under the orders of the Supreme Court in Yash Developers (supra) is one of its kind, ( sui generis), wherein every possible stakeholder has participated. The platform of the present proceedings was thus available to the slum dwellers, developers, citizens, NGO's, associations, statutory authorities, individuals, charitable institutions etc. This is wholly unprecedented, and was possible only because of the robust vision of their Lordships of the Supreme Page 261 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:02 ::: SMWP1_2024.DOC Court amplifying the concept of audit of a legislation by Constitutional Court, on the burning issues as reflected in the observations in Yash Developers (supra). We have tried to reflect on some of the major issues, albeit there are many more issues as canvassed on behalf of the parties, which we have set out in detail, so that at any point of time, an easy reference of such issues is available along with the valuable overall suggestions as made by the learned Amici. Our observations/reflections, hence, be not taken as something final or conclusive, it is for the Committee to be appointed to ponder on such issues, which would also consider the different perspectives as made on behalf of the stakeholders.
245. The problems which are discussed certainly reflect an abysmal progress of the ideals of town planning expected of an international city like Mumbai, when large areas are still slums. Any town planning which does not sail with the tide of time is questionable. The official machinery under the statutory mechanism despite all the efforts as urged on behalf of the SRA, has failed to eradicate the slums to fulfill the dream of the year 1971, to convert the city into a slum free city. The continuous requirements of planning and in that regard, the expectations and the rights of the citizens, who live in this city, in our opinion, need to assume hightest importance. Hence, there is certainly a need for area/zone wise, systematic and a scientific approach, to be adopted in a phased manner to do away with the slums in Mumbai. The task is herculean but not impossible, provided those who exercise authority and power, have committed determination, a robust and genuine willingness to achieve public good, on this important area, in the city's march in the 21 st century. On such conspectus, we Page 262 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:02 ::: SMWP1_2024.DOC feel that there is need for the Government to consider having a specialized Corporation/Body tasked with planning and redevelopment of slums, with all specialized and scientific machinery to supplement the overburdening of the Chief Executive Officer and the existing machinery under the Slums Act. Considering the existing situation, we doubt whether the Slum Act with the continuous amendments it has seen, can still be considered to be any fulfilling ray of hope. This more particularly when for the last 55 years, the objective of a ad hoc enactment like the Slums Act, has lagged far behind, in achieving its objects. However, it is for the government to decide on such issues. At this juncture, with the deep sense of belonging to the city of Mumbai, we are reminded of the following couplet, from a timeless classic, which is most befitting:
"ऐ दि ल, है मुश्कि ल जीना यहाँ ज़रा हट े , ज़रा बच े ये है Bombay मेरी जाँ"
Our Gratitude:
246. The present proceedings were argued before us by the learned counsel appearing for the different stakeholders, demonstratively reflecting the distinguished standards of the illustrious Bar of this Court. The proceedings were argued in a most cordial manner, considering it to be a social cause, of immense public welfare. We have the highest appreciation for the role played by each and every counsel who has participated in the present proceedings.
247. We express our profound gratitude for the herculean efforts of Dr. Birendra Saraf, along with Mr. Vaibhav Charlawar and Mr. Jagdish G. Aradwad Page 263 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:02 ::: SMWP1_2024.DOC (Reddy) who represented the Slum Rehabilitation Authority and the State Government. We also express our deep gratitude to the monumental effort of Mr. Darius Khambata, Mr. Sharan Jagtiani learned senior advocate along with Ms. Naira Jeejeebhoy, learned amici. We also appreciate the valuable assistance of learned senior advocate Ms. Gayatri Singh, Mr. Mihir Desai, Mr. Pravin Samadani, Dr. Milind Sathe (now learned Advocate General), Mr. Rajiv Kumar, Mr. Shiroz Rustomjee, senior advocate, Mr. Kirti Munshi and Akash Rebello and all other learned counsel, who have represented their respective stakeholders their contribution in regard to the present cause shall always remain invaluable.
248. We accordingly conclude the present Suo Motu proceedings in the aforesaid terms.
249. In view of disposal of suo motu proceedings, Interim Applications in suo motu proceedings would also stand disposed of.
250. All other Writ Petitions/proceedings be placed before the Regular Bench.
(ADVAIT M. SETHNA, J.) (G. S. KULKARNI, J.) Page 264 of 264 P. V. Rane ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:02 ::: APPENDIX
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUO MOTO WRIT PETITION NO. 1 OF 2024 IN RE: PERFORMANCE OF AUDIT OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT, CLEARANCE AND REDEVELOPMENT) ACT, 1971.
...Petitioner Versus THE STATE OF MAHARASHTRA & ORS.
...Respondents CROSS REFERENCE TO TABLES AND AFFIDAVITS FROM WHICH SUGGESTIONS HAVE BEEN CONSOLIDATED Sr. No. Ref. No. Stakeholder Ref. in Compilations of Affidavits Suggestions provided by Stakeholders in Tabular Template
1. T-1. Bright Ability and Awareness (No affidavit) Foundation
2. T-2. Nagardas Dharsi Bhuta Charities Sr. No.13, Pg. 491- 510
3. T-3. Skycon Infrastructure Sr. No.12, Pg. 479- 490
4. T-4. NGO Alliance for Governance Sr. No.18, Pg. 767-
and Renewal 1156 5. T-5. A. H. Wadia Trust Sr. No.23, Pg. 1343- 1358 6. T-6. On behalf of Slum Dwellers (Consolidated table filed on behalf of (i) to (xi) below) 7. (i) Hussain Indorewala Sr. No.2, Pg. 154-200 8. (ii) Simpreet Singh Sr. No.1, Pg. 50-153 9. (iii) Shubham Kothari, Jan Haqq Sr. No.3, Pg. 209-276 Sangharsh Samiti 10. (iv) Amita Bhide, School of Habitat Sr. No.21, Pg. 1243- Studies, TISS 1298 11. (v) Syed Haider Imam (No Affidavit) 12. (vi) Medha Patkar Sr. No.25, Pg. 1392- 1487 13. (vii) Sudhesh Gaikwad, Indira Nagar Sr. No.4, Pg. 321-349 Slum 14. (viii) Hiraman Pagar, Ghar Haqq Sr. No.5, Pg. 350-364 Sangarsh Samiti Page 265 1 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:02 ::: 15. (ix) Prakash Kumbhar Sr. No.6, Pg 365-368 16. (x) Shweta Damle, Habitat and Sr. No.7, Pg 369-379 livelihood Welfare association 17. (xi) Ranjan Tambe, Ekta CHS Sr. No.14, 511-604 18. T-7. NAREDCO West Foundation Sr. No.26, Pg. 1488- 1568 19. T-8. CREDAI MCHI Sr. No.24, Pg. 1359- 1391 20. T-9. SRA Advocates Bar Association Sr. No.20, Pg. 1215- 1242 21. T-10. Shree Azad Society (No affidavit)
Suggestions provided by Stakeholders only in Affidavit Format
22. A-8 Shirish Bhailal Patel Sr. No. 8, Pg. 380- 401
23. A-9 Ajit Hemraj Jobunputra, Alert Sr. No. 9, Pg. 402- Citizens Trust 411
24. A-10 Vidnyay Shyan Daware, SRA Sr. No. 10, Pg. 412- Zopdirakshak Sena 438
25. A-11 RERA practitioners Welfare Sr. No. 11, Pg. 439- association 478
26. A-15 r/w Nivarahakk Suraksha Samiti Sr. No. 15, Pg. 605-
A-27A 706;
A-27B Sr. No. 27A to 27C,
A-27C Pg. 1567-1705
27. A-16 Ramesh Makhija Sr. No. 16, Pg. 707-
715
28. A-17 Vinay Hule Sr. No. 17, Pg. 716-
766
Filings by Stakeholders in which there are no Suggestions
29. A-19 Slum Rehabilitation Authority Sr. No. 19, Pg. 1157- 1214
30. A-22 Lakdawala (IA for stay of Sr. No. 22, Pg. 1299-
notification) 1342
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUO MOTO WRIT PETITION NO. 1 OF 2024 IN RE: PERFORMANCE OF AUDIT OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT, CLEARANCE AND REDEVELOPMENT) ACT, 1971.
...Petitioner Versus THE STATE OF MAHARASHTRA & ORS.
...Respondents SUGGESTIONS ON IDENTIFICATION AND DECLARATION OF LAND AS SLUM Page 267 3 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:02 ::: Sr. Specific Issue / Cause of the Relevant existing Proposed Measure / Whether Proposed Proposal for Legislative Reference Views and Suggestions of the SRA No. problem identified problem Statutory Solution Measure / Solution Reforms Section(s), requires amendment Regulation(s), of law by Legislature Rule(s), Circular(s), Guideline(s) and / or Judgment(s)
1. Categorisation and Encroachment REGULATION INCENTIVISE THE The proposed measure Under the provisions of T-4 SRA is considering a cluster redevelopment declaration of 17(3)(D)(A)(2) OF CLEARING AND may be implemented Regulation 33(10), sub- approach in which two or more slums present public open spaces on reserved public THE DEVELOPMENT MAINTENANCE OF by an administrative para 10 of the DCR 2034, within a ward / within a distance of 5 kms with reserved for open spaces by slum CONTROL AND RESERVED PUBLIC OPEN notification/ circular it is permissible for the the adjoining ward can be redeveloped and recreational use as dwellers and a PROMOTION SPACES: under the provisions of SRA to club two or more rehabilitated at one place. This would free up "slums" under the failure of the State REGULATIONS FOR Regulation 33(10) rehabilitation projects. the other plots which have been considered a Slum Act machinery to free up GREATER MUMBAI, One way to achieve this is declaring all reserved This provision may be part of the cluster redevelopment. This the public open 2034 (DCR): to allow for the public open spaces as invoked in order to club approach would enable redevelopment of slums Perpetuation of the spaces amalgamation of slum vital public projects. rehabilitation schemes so which are currently not feasible due to planning problem of (i) Any plot/layout rehabilitation projects as to ensure the constraints or by virtue of being very small overcrowding in having area under contemplated on open preservation of reserved plots. Such slum plots may become feasible for slum areas and non-buildable/open spaces with other slum public open spaces. redevelopment as a cluster redevelopment with failing to remedy space reservations rehabilitation schemes in other slums. overcrowding in admeasuring up to the same ward (which are rehabilitation 500 sq. m shall be not on open spaces). Due to this approach, slum on reservations & premises/areas on cleared by shifting the amenity spaces can be planned in better way and account of the slum-dwellers from Utilization of FSI from the the same may lead to freeing up of amenity complete failure to that site. area of the public open spaces due to shifting of slums on another plot. maintain adequate, spaces designation that has The SRA is considering the viability of such accessible public (ii) Where the area of actually been encroached proposed measure. Accordingly legislative open spaces site having non- on may be permitted on amendments will be proposed made for cluster buildable/ open space other proposed slum redevelopment.
reservation, is more rehabilitation schemes in
than 500 sq. m such the ward/area, whether or
sites may be allowed not the same are on a
to be developed for contiguous parcel of land.
slum redevelopment In lieu of the same, the
subject to condition cleared plot would stand
that the ground area of surrendered to the MCGM.
the land so used shall The provision of such
not be more than 65% TDR/FSI would then allow
of the reservation and the designated reserved
leaving 35% rendered open spaces to be cleared
clear thereafter for the and maintained as public reservation. open spaces.
TREATING THE CREATION/RESERVATION AND MAINTENANCE OF PUBLIC OPEN SPACES AS Page 268 4 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:02 ::: Sr. Specific Issue / Cause of the Relevant existing Proposed Measure / Whether Proposed Proposal for Legislative Reference Views and Suggestions of the SRA No. problem identified problem Statutory Solution Measure / Solution Reforms Section(s), requires amendment Regulation(s), of law by Legislature Rule(s), Circular(s), Guideline(s) and / or Judgment(s) VITAL PUBLIC PROJECTS:
In the alternative to the foregoing, reserved public open spaces should be treated on par with vital public projects under the Regulation 33(10), sub-para 3.11 which provides that slum-dwellers may be accommodated on unencumbered land (by making provision for adequate TDR on such unencumbered land) and not rehabilitated in situ on the original plot. In view of the scarcity of public open spaces in the city of Mumbai, it is imperative that public open spaces be treated with the same significance as vital public projects.
2. The remedy of There are no fixed Section 4(3) and There ought to be timelines Yes. Proposed A reasonable timeline of T-7 The appeal against declaration of Slum area Appeal against timelines for 3(C)(2) provided for speedy Measure / Solution 60 days from the date of under Section 4 (3) lies before the Slum Tribunal declaration of Slum completion of disposal of the Appeals requires amendment of filing of the appeal for and against declaration of Slum rehabilitation area is time hearing, its against declaration of an law by Legislature. final disposal of the appeal Area under Section 3C lies before the AGRC. If consuming adjudication and area as slum area under be fixed for speedy necessary, authorities give interim orders for disposal of the Section 4(3) / slum area Section 3(C)(2) disposal of such appeals stay of impugned orders, this order restrains appeals preferred rehabilitation area under Section 4(3) effect of impugned orders.
against declaration Section 3(C)(2). of slums under Sections 3C(2) and 4(3) of the Slum Act. Page 269 5 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:03 ::: Sr. Specific Issue / Cause of the Relevant existing Proposed Measure / Whether Proposed Proposal for Legislative Reference Views and Suggestions of the SRA No. problem identified problem Statutory Solution Measure / Solution Reforms Section(s), requires amendment Regulation(s), of law by Legislature Rule(s), Circular(s), Guideline(s) and / or Judgment(s) 3. For slum dwellers, Following the Circular Number As specified in Section 4, No - it requires T-6 1. Section 3C was introduced as a part of the only available introduction of Chapter II of the Slum Act, implementation of the 196 dated 27/01/2021, Chapter IA of the Slum Act. The said option to Chapter I-A ('slum making it mandatoryall inhabited areas in the city existing provisions in Chapter was introduced for faster improve their living rehabilitation for SR land to be that are inadequate in terms the Slum Act, which is implementation of slum schemes in conditions is to scheme') in the declared as slum. of health, safety, currently not enforced Mumbai. Declaring a slum area under engage a developer Slum Act in 1996, overcrowding, or basic because the authorities Section 4 was not serving the purpose of for a for-profit slum areas are only Circular No. 198 dated amenities, or are unfit for see redevelopment rehabilitation. redevelopment declared as 'slum 26/07/2021 for habitation as per the criteria (that benefits
project. Therefore, rehabilitation areas' revised enlisted in sub-section (2), developers) as the only 2. On an area being declared as Slum Area reliance is placed on for the purpose of procedure for must be declared as 'Slum option. under Section 4, Works of Improvement developers for implementation of declaration of SRA Areas' and improvement under Chapter III. The provision of rehabilitation of the slum area under Section works must be undertaken What is needed is a Works of Improvement will not address Slum Dwellers. rehabilitation 3C(1) of Maharashtra as per the procedure laid out directive by the High the issue of proliferation of slums. It will scheme. The Slum Areas under the Act. These Court to enforce not result in areas getting free of slums. practice of declaring (Improvement, improvement works must be Section 4 of the Slum a 'slum area' (under Clearance And undertaken by the relevant Act and 3. The tests under Section 4 are more Section 4 of the Act) Redevelopment) Act, authorities for all such implementation of stringent than under Section 3C. in order to carry out 1971. declared 'slum areas' improvement works as municipal irrespective of whether such per section 5-A in a 4. Chapter III does not contemplate improvement works Chapter II and III of areas may or may not be a time bound manner. redevelopment. Carrying out only Works (Section 5-A) has the Slum Act, 1971. part of a slum rehabilitation of Improvement will be a short - term ceased after the scheme. Declared 'slum For a land to be measure; SRA was formed. areas' must be considered declared as Slum, a This is despite the and reserved exclusively for survey of the slum fact that the law still the purpose of low- income dwellers i.e. Details of permits it. housing. There are a number slum dwellers must be of pockets which are not updated and uploaded This is done in order seen as viable for various on website. to incentivize the reasons for redevelopment.
developer leading to It is important under these
a situation where provisions to at least
settlements that improve them.
were earlier not
unfit Slum Improvement under
for human Chapter III for all sum areas.
habitation have
continued to remain Self- redevelopment can be
inhabitable undertaken in situations
settlements. where the developer has
failed to carry out the
development process
effectively.
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Sr. Specific Issue / Cause of the Relevant existing Proposed Measure / Whether Proposed Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified problem Statutory Solution Measure / Solution Reforms
Section(s), requires amendment
Regulation(s), of law by Legislature
Rule(s),
Circular(s),
Guideline(s) and / or
Judgment(s)
4. Non-inclusion of Central Government Chapter I, Section 3Z- Slums on Central Govt. The slums on central T-6 1. As per clause (g) of section 3Z-6 of the
slums on Central owned lands have 6 is applicable only lands are also covered under government land to be Slum Act, Chapter I-C of the Slum Act
Government large number of for the Slum Act but are protected and slum does not apply to lands belonging to the
owned lands for slums on it for many Rehabilitation excluded under Chapter I-A dwellers to be Central Government or any entity thereof
rehabilitation. years but remain Schemes. (Slum Rehabilitation rehabilitated as unless the same is voluntarily offered for
unprotected and Scheme) and hence must be recommended by the housing scheme. Chapter I-C of the
face arbitrary protected from eviction and Afzalpurkar Slum Act features provisions on
evictions. provided protection under Committee Report. constituting a housing committee (S. 3Z-
the Act. 4), development permission in respect of a
housing scheme (S. 3Z-5), etc. There is no
Slums are not bar on declaring lands owned by the
surveyed. All slums Central Government as a slum area under
to be surveyed and section 4.
mapped
including the ones 2. A land belonging to the Central in Navi Mumbai. Government can be declared as a slum rehabilitation area under Section 3C of the Slum Act provided all the requirements under Section 3C are met. Additionally, as per Regulation 33(10) 1.11 read with the proviso to the said regulation, of the Mumbai Development Control Promotion Regulations, 2034 ("DCPR"), proposals for slum rehabilitation schemes on land owned by the Central Government shall not be accepted unless a no objection certificate for the scheme is obtained from Central Government.
3. Therefore, the enabling provisions for declaring a slum rehabilitation area or a slum area on land owned by the Central Government do exist.
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Sr. Specific Issue / Cause of the Relevant existing Proposed Measure / Whether Proposed Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified problem Statutory Solution Measure / Solution Reforms
Section(s), requires amendment
Regulation(s), of law by Legislature
Rule(s),
Circular(s),
Guideline(s) and / or
Judgment(s)
5. While declaring any NOC are issued SRA Circular No. Wide Publicity through Already Provision Are Strictly implementation of T-1 1. Submissions for declaration of slum
area as a slum the without following 144A &144 B Media Inviting Objection Present In Current Circular 144A & 144B rehabilitation areas are dealt with under
Ownership of the due process and Reasonable Time for Legislation. Circular 198. At the time of submission land is not verified hearing should be given is Disciplinary of proposal for declaration of slum properly. not implemented actio rehabilitation areas, the DDLR, SRA Yes! As there is n provision should refers to the record of rights to identify NOC of land owner and absence of any inculcated and also the owner. The entry in the record of affidavit for genuineness of Provision for penalty as present for rights is relied on to issue notices to the NOC should field. disciplinary action Example in RTI Act. owners. Instead of seeking an NOC, the against the officer not SRA is hearing objections from the land Topographical Survey following the law owner regarding declarations under Should be carried using GIS amendment is Section 3C. Declaration of any land as a technology out and made required. slum rehabilitation area is not contingent mandatory compulsory. on ownership rights but based on certain criteria.
Disciplinary action should be initiated against the 2. Declaration under Section 3C and officer not following the law Circular 144A and 144B operate in & procedure. different fields. It pertains to manner of submission of schemes. Section 3C pertains to the declaration of Slum Rehabilitation Areas. The record of rights is relied on even at this stage.
3. Circular Nos. 144A and B pertain to the manner of submission of schemes by the owners. The former has no bearing on the latter.
4. The State Government already publishes the Section 3C and 4 notification in the newspaper.
5. A Topographical survey at the time of declaration of lands under Section 3C and Section 4 serves no purpose. A drove survey is being carried out and the same is effective.
6. All the officers appointed in the SRA are government officers for the purposes of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 which govern the process for disciplinary Page 272 8 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:03 ::: Sr. Specific Issue / Cause of the Relevant existing Proposed Measure / Whether Proposed Proposal for Legislative Reference Views and Suggestions of the SRA No. problem identified problem Statutory Solution Measure / Solution Reforms Section(s), requires amendment Regulation(s), of law by Legislature Rule(s), Circular(s), Guideline(s) and / or Judgment(s) proceedings and penalties.
6. Survey of slum While carrying out No SOP or circular Videography should be Yes requires inculcate Absence of provision in T-1 1. As part of the biometric survey under structures the survey of the carried while surveying the provision regarding current legislation. Circular 214, the SRA is already slum and also while slum structure and also the same. videographing each slum structure in each demolition the while demolition the slum scheme/ slum cluster.
structure accurate structure.
videography is not 2. The SRA will mandate videography for all done. Disciplinary action should demolitions carried out by the SRA.
be initiated against the officer not following the 3. On disciplinary action against errant law. officers, please refer to the response in point 5 above.
4. Survey of slum structures becomes necessary for identification of hutments and eligibility of slum dwellers.
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Sr. Specific Issue / Cause of the Relevant existing Proposed Measure / Whether Proposed Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified problem Statutory Solution Measure / Solution Reforms
Section(s), requires amendment
Regulation(s), of law by Legislature
Rule(s),
Circular(s),
Guideline(s) and / or
Judgment(s)
7. As per Section 3B There is no Section 3B read with The Statute should be Yes There should be an T-2 Under the Slum Act, there is no embargo for the
read with Section provision in the 3C of the Slums Act modified to the extent that a amendment to enable a owner to approach the CEO to declare their land
3C of the said Act, a statute for a separate provision should be landowner whose land has as a Slum Rehabilitation Area. Additionally,
land can be declared landowner to have a set out alongwith necessary been encroached to Circular 198 dated 26th April, 2021 issued by the
as a Slum land declared as procedures and timelines to approach the SRA with an SRA expressly provides that landowners and a
Rehabilitation Area, Slum at his instance. enable a landowner to file an application to declare his cooperative society of slum dwellers can apply
only upon the CEO application/representation land as a slum under the to have land declared as a Slum Rehabilitation
being satisfied that before the SRA and/or the said Act. Area.
there exists CEO to declare his land as a
circumstances for a Slum Rehabilitation Area This amendment should
land to be declared include the landowner's
as a slum. first right to develop the
land and to rehabilitate the
Accordingly, there occupants of the land who
is onus on the CEO would satisfy the criteria
to declare a land as of Annexure - II.
a Slum
Rehabilitation Area.
8. Whilst the A period of 6 to 12 Section 3C of the Section 3C requires an No. A directive can be T-2 1. The CEO - SRA shall issue directions to
legislation provides months lapse to Slums Act amendment, which would issued by the way of a carry out declarations expeditiously i.e. span
for a time limit have a land declared direct compliance of time circular calling upon of 6 to 12 months. The said time is required
within which a land as a Slum. period. Experience has the authorities to as the process of declaration involves survey
has to be declared as shown us that the period of complete the process of of lands, notice to owners, publication of
Slum Despite slum 30 days and 45 days is not declaration of slum in notice etc. Consent of slum dwellers in not
Rehabilitation Area, tenements being realistic. Generally, it takes timely manner and relevant under Section 3C. Proposal of third
but in reality, the evidently present on almost a year for declaring further, restricting - party developers at this stage does not
time taken to such a land in an area as a slum area under hearing of parties to arise.
declare a land as a inhabitable section 3C. It is proposed only landowners in
Slum Rehabilitation circumstances, that there should be an case where a landowner 2. In the interest of fairness, a public notice Area is significantly various parties with amendment of the notice has filed an application with the intention to declare a slum delayed. an intent to act in a period and opportunity to be for declaration of his rehabilitation area is also pasted on the site, manner detrimental heard within 45 days so that own land as a Slum published on the SRA website and in to the rights of the the authorities give adequate Rehabilitation Area newspapers. Pursuant to this, a hearing landowner raise opportunity to stake holders opportunity is afforded to owners and all frivolous objections concerned. The stake persons who have filed suggestions and like title disputes, holders should be at this objections to the draft notification under proposals of third stage only the owners of the Section 3C. party developers, land as that would ensure consent of slum declaration of a land as slum developers to cause within a reasonable time.
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Sr. Specific Issue / Cause of the Relevant existing Proposed Measure / Whether Proposed Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified problem Statutory Solution Measure / Solution Reforms
Section(s), requires amendment
Regulation(s), of law by Legislature
Rule(s),
Circular(s),
Guideline(s) and / or
Judgment(s)
delay declaring a
land as Slum
Rehabilitation Area.
9. Loss of valuable In the name of (a) Under All new Slum Rehabilitation T-9 1. The suggestion made requires legislative
MCGM land and encroachment and MMC Act, 1888, Scheme on MCGM Land amendments and the same is in the realm of
MHADA land, in then rehabilitation tender is required to be and MHADA Land, should policy.
the name of S. R. of slum dwellers, invited for contracts be undertaken by respective
Scheme. MCGM Land and involving expenditure Landowning Authority. 2. The consent of MHADA and MCGM for MHADA Land, are exceeding Rs. 3 Lakhs implementation of Slum Scheme is given to private [as provided u/sec. 72 contemplated under Regulation 33 (10) (2.8) Developer, for their of BMC Act, 1888]. of DCPR 2034. commercial exploitation, by Further, disposal 3. Regulation 33 (10) (1.11) of the DCPR paying a negligible of municipal contemplates payment of premium and also amount to MCGM property for slum lease rent.
and MHADA scheme is governed by respectively, as the sec. 92(ddd) of the 4. In recent times, steps have been taken by case may be. Thus, MMC Act, 1888. MHADA and MCGM to redevelop lands valuable land of owned by such authorities by entering into a MCGM and Moreover, Chapter joint venture arrangement with the SRA.
MHADA are XII-A of the MMC
disposed of forever, Act, 1888 provides
without much for
coming into the 'Improvement
pocket of MCGM Scheme', wherein,
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Sr. Specific Issue / Cause of the Relevant existing Proposed Measure / Whether Proposed Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified problem Statutory Solution Measure / Solution Reforms
Section(s), requires amendment
Regulation(s), of law by Legislature
Rule(s),
Circular(s),
Guideline(s) and / or
Judgment(s)
and MHADA. Commissioner is
empowered to
Here it is important approve
to note that disposal 'Improvement
of Corporation Land Scheme', which
is governed by The includes construction
Mumbai Municipal of Building for the
Corporation Act, accommodation of
1888 [in short poorer classes.
'MMC Act, 1888'],
simil Likewise,
arly, MHADA Land Corporation
is governed by possesses the
Maharashtra constitutional mandate
Housing and Area for 'Slum
Development Act, Improvement' as
1976 [in short provide under
'MHADA Act']. Article 243-W r/w
However, while entry 10 of XII
disposal of Schedule of the
MHADA Land and Constitution of India,
MCGM Land, in the 1950.
name of S. R.
Scheme, the (b) Under
statutory provisions MHADA Act, for
are being blatantly 'Slum
violated, thereby, Improvement', 'the
causing huge Mumbai Slum
financial loss to Improvement
MHADA and Board' is
MCGM, not only in constituted [as
terms of loss of provided u/sec.
valuable land, but 18(1)(c) of the
also in terms of MHADA Act], to
profit that could undertake and
have been made execute such
from said land. improvement works as
it considers necessary
It is also important in any slum
to note that, improvement areas [as
MHADA has a provided u/sec. 108
primary objective to r/w sec. 104 of the
provide MHADA Act].
'AFFORDABLE Section 64 of
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Sr. Specific Issue / Cause of the Relevant existing Proposed Measure / Whether Proposed Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified problem Statutory Solution Measure / Solution Reforms
Section(s), requires amendment
Regulation(s), of law by Legislature
Rule(s),
Circular(s),
Guideline(s) and / or
Judgment(s)
LOW COST MHADA Act, deals
HOUSING' and at with power to dispose
the same time of MHADA Land.
MHADA has all the
expertise to develop
its land and then
allot the flats
through lottery,
which the MHADA
has been
successfully
undertaking
throughout
Maharashtra. But
here in the name of
implementation of
the S. R. Scheme,
MHADA is losing
its valuable land,
contrary to its
objective and in
blatant violation of
provisions under
MHADA Act.
Similarly MCGM,
who is
implementing vital
infrastructure
project, require
large number of
Rehab Flats, for
rehabilitation of
displaced
'Pro
ject Affected
Persons' [in short
PAP's] in such
infrastructure
project.
Therefore, by
undertaking
redevelopment
project, by MCGM
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Sr. Specific Issue / Cause of the Relevant existing Proposed Measure / Whether Proposed Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified problem Statutory Solution Measure / Solution Reforms
Section(s), requires amendment
Regulation(s), of law by Legislature
Rule(s),
Circular(s),
Guideline(s) and / or
Judgment(s)
itself on MCGM
land, said
requirement of
Rehab Flats can be
fulfilled. Needless,
to mention that,
MCGM also has all
the expertise to
undertake
redevelopment on
MCGM Land.
In this regard,
Maharashtra
Industrial and
Develop
ment Corporation
Act, 1961 [In short
'MIDC Act'], is a
classic example,
where MIDC itself
undertakes
S
lum Scheme on its
land, thereby
preventing misuse
of its land.
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Sr. Specific Issue / Cause of the Relevant existing Proposed Measure / Whether Proposed Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified problem Statutory Solution Measure / Solution Reforms
Section(s), requires amendment
Regulation(s), of law by Legislature
Rule(s),
Circular(s),
Guideline(s) and / or
Judgment(s)
10. Identification & Slum declaration is RERA Act, 2016 1. Complete survey of A-11 1. The SRA is already carrying out a
Declaration of land done at the instance has been enacted to slums through the use of the biometric survey along with drone
as a slum of the developer. If bring latest technology viz. survey of slum areas.
the developer is not standardisation, satellites, drones, gee-
appointed, the accountability, tagging etc and independent 2. There are criteria for declaration of areas declaration is professionalism, and professionals based on as slum areas / slum rehabilitation areas. mostly not done transparency in the defined parameters within a automatically after real estate sector. cut-off date. 3. Automatically updating the SRA as 1977. It is a owner of the land without following due The developer complete code. 2. SRA Authority will process of law would infringe on the is appointed by the Section-88 makes identify slum plots based on constitutional right of owners. slum dwellers' the RERA Act scientific criteria Society whose overriding effect 4. The owner cannot be provided merely formation is over all prior laws. 3. The land ownership, area monetary compensation for their land. If again influenced Still, multiple and boundary-related they are willing to rehabilitate slum by local regulators regulate records and revenue records dwellers on their land, they must have politicians and the real estate sector will be automatically that option of carrying out developers. As a including SRA for updated as per the slum redevelopment. result, it is in odd- slum schemes. A declaration of a slum plot even shapes. The large no. of projects identified above. It will 5. Slum declaration is independent of the non-consenting got stalled. RERA Act automatically change the ownership rights of people. portion is separated already has effective ownership and transfer it to and provisions u/s 6 for an SRA by operation of law. 6. The SRA will list declared slum after getting extension if the project rehabilitation areas and slum areas on its appointed, the remains incomplete 4. Pvt ownership plots will website. Developer may or after the expiry of the be entitled only to monetary may not add the validity of the compensation as per 7. All present policies and circulars will be excluded portion. registration, predefined norms after considered while updating the website. All such things gave revocation of following the acquisition reason to use registration u/s 7, process in a time bound 8. Certain suggestions made require discretionary completion of an manner. legislative amendments and they may be powers by officials incomplete project challenged in Courts. and ministers. This whose registration is 5. Disputes if any shall not in turn gives rise to a lapsed or revoked u/s affect the slum declaration.
multifold increase in 8.
Corruption. 6. Slum plots so identified
will be listed on the
dedicated Website of the
Government.
7. The website shall be
prepared after studying
existing procedures,
schemes, various relevant
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Sr. Specific Issue / Cause of the Relevant existing Proposed Measure / Whether Proposed Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified problem Statutory Solution Measure / Solution Reforms
Section(s), requires amendment
Regulation(s), of law by Legislature
Rule(s),
Circular(s),
Guideline(s) and / or
Judgment(s)
laws, eligibility-related
rules and criteria based on
actual practicalities and
judicial Precedents.
11. Delegation of The delegation of Transfer the power of slum A-16 Declaration of a slum area / slum rehabilitation
Legislative legislative declaration from area is not a legislative function. Areas are
function functions, such as administrative authorities to declared as slum area / SRA by the CEO - SRA
slum declaration, to a competent, specialized which is a specialized body dealing with slum
administrative authority rehabilitation schemes. Any such decision is
authorities has open to appeal and legal recourse.
resulted in an
erosion of the
distinction between
legislative and
administrative
functions
12. Integration with Slum declaration should be A-16 Encroachments/ slums are earmarked under
DCPR 2034 intrinsically linked with the existing land use while preparing the
Development Control Development Plan.
Regulations
This integration would
ensure that slum
encroachments are properly
evidenced in Development
Plans, thereby potentially
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Sr. Specific Issue / Cause of the Relevant existing Proposed Measure / Whether Proposed Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified problem Statutory Solution Measure / Solution Reforms
Section(s), requires amendment
Regulation(s), of law by Legislature
Rule(s),
Circular(s),
Guideline(s) and / or
Judgment(s)
mitigating related litigation.
13. Notification process For slum declarations, every A-16 1. The Competent Authority declares any area
entity (when not a slum as a slum area under Section 4(1) through a
dweller) should be duly notification in the official gazette.
notified, including both Additionally, the order is also published in
occupiers and owners. one local newspaper.
In instances where the 2. The CEO also declares any area as a Slum owner is not occupying the Rehabilitation Area through a notification in land, notice should be the official gazette. As per Circular 198 served through dated 26.04.2021, a public notice with the alternative modes such as intention to declare a slum rehab area is newspaper publications. pasted on site, published on the SRA website and in newspapers.
14. Conflicting There exist Establish a unified system A-16 1. There is a distinction between the charges Authority Actions instances where one or improved coordination collected by the BMC on authorized planning authority between planning structures and unauthorized structures. The provides factory authorities to prevent such BMC has the mandate to provide basic civic licenses, shop contradictory actions. amenities such as roads, sanitation, drinking establishment water, irrespective of the legality of the licenses, and structure.
collects property and water taxes, 2. Grant of factory license, collection of taxes while another by authorities does not confer any right on auth any slum dweller whose eligibility is ority declares the considered in accordance with law.
same property as a
slum for non-
participation in
biometrics.
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Sr. Specific Issue / Cause of the Relevant existing Proposed Measure / Whether Proposed Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified problem Statutory Solution Measure / Solution Reforms
Section(s), requires amendment
Regulation(s), of law by Legislature
Rule(s),
Circular(s),
Guideline(s) and / or
Judgment(s)
15. Confusion in the DCR 33(10) and the The Slum Act should be A-17 There are three types of slums:
Act/ DCR with Slum Act provide rationalised where all the (i) censused slums as defined in 2(1)(b) of the
respect to differed for 3 different kinds different kinds of slums and Slum Act;
types of slums of slums. There are the legal regime applicable (ii) notified slums under Section 4 of the Slum
also Slum to the same are clearly set Act; and
Declarations under out. Currently, while the (iii) slum rehabilitation areas under Section 3C
Section 4 of the Slum Act only prevents of the Slum Act.
Slum Act demolition of "protected
structures" by the The rehabilitation of all the above three types
occupant, it is the DC of slums is carried out in accordance with
Regulations that set out 33(10) of the DCPR 2034.
how rehabilitation should
be done.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUO MOTO WRIT PETITION NO. 1 OF 2024 IN RE: PERFORMANCE OF AUDIT OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT, CLEARANCE AND REDEVELOPMENT) ACT, 1971.
...Petitioner Versus THE STATE OF MAHARASHTRA & ORS.
...Respondents SUGGESTIONS FOR IDENTIFICATION OF SLUM DWELLERS .
Page 283 19 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:04 ::: Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA No. problem Statutory Section(s), Measure / Solution Legislative identified Regulation(s), requires amendment Reforms Rule(s), Circular(s), of law by Legislature Guideline(s) and / or Judgment(s)
1. Everchanging The cut off for giving 16.05.2018; Purchase of permanent T-7 1. The cut - off date has been fixed as number status of protected Notification accommodation to the slum 1.1.2000 and has not been extended occupier for a dwelling dat dwellers. It is imperative to thereafter. The cut - off date for free of of structure who will ed 07.09.2018 make it clear under the Slum cost tenement is fixed as 1.1.2000.
eligible slum eventually be eligible Issued by Government Act that the cut-off date cannot Between 2000 to 2011 are offered the
dwellers due to for rehabilitation of Maharashtra be extended merely by way of alternate accommodation on payment of
the changes in w an cost.
cut off dates for as initially 1985 and issuance of
eligibility of was subsequently a circular/notification. 2. There has been no extension of date slum dwellers revised to 01.01.1995 after 2011. Such occupiers between and thereafter to 2000 to 2011, if the potential of the 01.01.2000 and existing scheme does not have scope for recently to 01.01.2011 their rehabilitation There has not been by the State any extension of date beyond 2011.
government under the
sub-regulation VIII
(3.12) (C) of
Regulation 33(10) of
DCPR 2034.
Pursuant to the above,
the Government of
Maharashtra has vide
its notification
dat
ed 16.05.2018 declared
that slum dwellers
existing in respect of a
structure on or before
01.01.2011 may be
given rehabilitation
tenement subject to
recovery of cost of
construction for such
tenement, from the
slum dweller. The cost
of construction is to
determined
vid
e
notification
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
dat
ed 07.09.2018 issued
by Government of
Maharashtra.
This extension of the
cut- off date has resulted
in rampant increase in
encroachment and
various slum dwellers
initiating various legal
proceedings before
SRA/competent
authorities for
proving their eligibility.
This has resulted in a
massive influx of
eligibility cases before
the competent
authorities. This
constant change in cut-
off date and change in
eligibility causes delay
in completion of the
slum
projects and makes
planning difficult.
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
2. Delay in SRA vide its Circular Regulation 33(10) of For the purpose of declaration Partly yes. Proposed Annexure II T-7 1. The question of survey of slum dwellers
finalization of No.217 dated 12th the of any land as slum Measure/Solution ought to be for preparation of Annexure II can be
Annexure II due February 2024 directed DCPR 2034; rehabilitation area under pertaining to prepared and initiated only once land is declared as
to the absence all Section 3(C)(1) of the Slum introduction of issued slum / slum rehabilitation area.
of limitation Compete Notification Act, the SRA/Deputy limitation/timelines, simultaneously
laws and lack of nt Authorities to date Collector carries out a survey requires amendment of at the 2. In respect of lands already declared as timebound generate Annexure II d 23.08.2016 issued of that land to determine the law by Legislature. stage of slum areas / slum rehabilitation areas, mechanism for only by using Auto by plot boundaries of the land and declaration of the the SRA is carrying out a biometric finalizing Annexure II application Government of prepare a slum plan. The Proposed Measure/ land as slum survey of the slum dwellers at which annexure II and further Deputy Maharashtra read with procedure for preparation of Solution pertaining to under Section time documents are taken. This process Collector / SRA / notifications Auto Annexure II ought to be issuance of Annexure II 3(C)(1)/ Section 4 is being carried out for lands where no Engineering dated 14.09.2018, initiated and completed at this at stage of declaration of the Slum Act proposals have been received. Till date Department of SRA 12.08.2021, stage itself by the SRA/Deputy may be done without in a time bound out of 2597 clusters, biometric survey of shall not accept and act 11.02.2022, and Collector. amendment of law. manner. Appeal about 1825 clusters have already been upon any manually 23.05.2022; by carried out. Biometric survey of prepared Section 3(C)(1)/ Section ineligible 4,45,670 no. of structures have been Annexure II. However, Circular No.217 This would enable 4 occupants ought carried out till date. This biometric The aforesaid Circular dated 12th simultaneous preparation of to be filed before survey results in finalization of however does not February 2024. the Auto Annexure II at the Circular No.217 the Appellate Annexure II. provide for completion time of the declaration of a dated 12th Authority within of issuance of Auto land as slum rehabilitation area February 2024 a period of 3. SRA is considering the viability of Annexure II in a time itself and would enable near 30(thirty) days preparation of Annexure II even in bound period. finalization of the number of Section 35 from the date of respect of lands in respect of which no eligible slum dwellers on the the publication of proposal for redevelopment is yet site. the received, so that if a proposal is Appeals by ineligible Annexure received, no time is lost in finalization slum dwellers is often Any occupants aggrieved by II without of Annexure II. filed belatedly and there their ineligibility under the any is no time Auto Annexure II ought to further extension. 4. Once eligibilities are decided, the limit/limitation within prefer an appeal before the ineligible slum dwellers have a right to which the ineligible Appellate Authority within a file an Appeal. slum dweller ought to period of 30(thirty) days from The Appellate file an appeal against the date of the publication of Authority shall 5. Though a period of 30 days in provided his/her ineligibility. This the Auto Annexure II without decide and for challenging any order, direction etc. often leads to delay in any further extension. The dispose of such before the appropriate authority, the ascertainment of the Appellate Authority shall Appeals within a Annexure II is being uploaded on the final number of eligible decide and dispose of such period of website. However, most often, the slum and non- eligible slum Appeals within a period of 60(sixty) days dwellers express ignorance about the dwellers and 60(sixty) days from the date of from the date of uploading of the Annexure II on the consequently number of filing of the Appeal. Any filing of the website. The SRA is considering the tenements to be handed changes to the Auto Annexure Appeal. viability of auto - SMS to communicate over to the eligible slum II pursuant to the decision of to all slum dwellers that Annexure II has dwellers in a project. the aforesaid appeals, ought to Competent been uploaded informing them of their Further, basis of the be effected simultaneously by Authority shall right to appeal. number of tenements to the SRA/Deputy Collector to duly update the be handed over to the avoid any wastage of time. changes to 6. The law as it stands contemplates 2 Page 286 22 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:05 ::: Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA No. problem Statutory Section(s), Measure / Solution Legislative identified Regulation(s), requires amendment Reforms Rule(s), Circular(s), of law by Legislature Guideline(s) and / or Judgment(s) eligible slum dwellers, Annexure II stages of appeals. The initial challenge the balance tenements in immediately after lies to the Additional Collector u/s 35 Rehab Component are to the decision of the (1) and a further appeal is provided be handed over as PAP Appellate before the GRC u/s 35(1)(a).
to the SRA. Authority.
7. The SRA is in the process of increasing
the Additional Collector and number of
GRCs to dispose appeals expeditiously.
In any case, under Reg. 33 (10) (3.12)
(C), the developer is required to
construct tenements irrespective of
eligibility.
3. Limitation and Neither Section 33 nor Sections 33 and Once rent for period of nearly Partly Yes. Proposed The Competent T-7 The issue raised is already addressed above.
timeline for section 38 of the Slum 38 of the Slum Act three years is secured for the Measure / Solution Authority after
adjudication of Act provide for a slum dwellers of a particular requires amendment of the issuance of
the proceedings specified timeline for phase of slum scheme, then in law by Legislature. Letter of Intent
under the adjudication of the that case there ought to be a The proposed measure shall immediately
section 33 and proceedings which consequent fixed timeline of in relation to vacation proceed Suo motu
38 of the Slum eventually results in around 3 (three) months from of slum within 3 under Sections 33
Act and perpetual delay in such deposit for vacation of months by the and 38 to evict
parameters for vacating of occupants the slum dwellers and compete the occupants of
invocation of from their structures demolition of their structures nt authorities from the particular
proceedings and in demolition of the in respect of such phase. deposit of rent does not phase of slum
under section 33 existing structures. This require amendment. from the site and
and 38 of the also results in delay in The onus for eviction and proceed to
slum act. commencing the demolition of slum dwellers Sections 33 and 38 demolish the slum
rehabilitation scheme. ought to be taken by the SRA structures.
and competent authorities. It
The developer is is unfair to put onerous This procedure of
compelled to continue conditions which have major eviction
paying rent to other financial repercussions on the
slum dwellers and incur developer and have no of occupants from
other costs in relation to consequent remedy to the site and
the project which implement the vacation, demolition of
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
causes financial eviction of slum dwellers and slum structures
hardship on the demolition of structures from ought to be
developer. the site. This will also enable completed within
Sin speedy commencement of a period of
ce vacation of slum construction and 3(three) months
dwellers takes implementation of the slum from the date of
substantial time, the scheme. issuance of Letter
construction cost of Intent
increases and as a result The basic parameters for
thereof, the developer invocation of Sections 33 and There ought to be a
faces financial losses 38 of the Slum Act [such as dedicated wing
and, in some cases, may are applicable in under SRA itself
default in completion rehabilitation schemes of for carrying out the
of the project. MHADA lands eviction and
under Regulation 33(5) of demolition of the
CEO, SRA has issued a DCPR 2034] could be (a) structures.
circular no.210 dated issuance of letter of intent; (b)
01.08.2023 mandating consents of 51% of the slum
deposit of advance rent dwellers; (c) provision of rent
for the period of two or temporary accommodation
years and post-dated for the slum dwellers. The
cheque towards rent for eviction of the slum dwellers
a further period of one and demolition of a slum
year. It states that only structures ought not to be held
once this condition is up for decision on eligibility.
fulfilled, the LOI will be
processed. There ought to be a
reasonable timeline on the
competent authority for
Basic parameters when executing the Orders passed
Sections 33 and 38 of under Sections 33 and 38 of
the Slum Act can be the Slum Act.
invoked, is presently
vague/unclear. The Competent Authority
ought not to wait for the
decision on the eligibility
Even after before the Appellate
the Authority or treat mere filing
proceedings under of the appeal/writ petition or
Sections 33 and 38 are any other proceeding for that
concluded by the matter as a stay against
Competent Authority, eviction
the same do not get
executed by the
authorities in a timely
manner. Infact, the
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
Competent Authority
waits for the final
decision of appeal / Writ
Petition / SLP despite
there not being any order
of stay passed by any
superior Court. Filing of
appeal is treated as de-
facto stay by the
authorities and no steps
for eviction are taken.
4. Vertical Slum Section 2 (b), Section Section 2(b), A clarification ought to be Yes. Proposed Definition of T-7
Structures 3X (a) of the Slum Act Section 3X(a) of the issued that only the eligible Measure/Solution "dwelling structure" It is clear from the definition of dwelling
read with Regulation Slum Act read with occupants of the dwelling requires amendment under Section 3X(a) structure (Section 3X(a) of the Slum Act) that
33 (10) (II) (vi) of Regulation 33(10) structures on the ground floor of law by Legislature. of the Slum Act, only structures attached to the earth i.e.,
DCPR (II) (vi) are entitled to a rehabilitation should clarify ground floor structures are considered as
2034 defines a of DCPR 2034 unit and for rent / temporary Section 3X(a) whether structures dwelling structures under the Slum Act.
"building" and a accommodation. above ground floors
"dwelling structure" as Alternatively, a developer are "dwelling Further, the Hon'ble Bombay High Court in
being restricted to ought to be suitably structure" or not. If the case of Pameshkumar Nandnlal Sahu v.
ground floor structures. compensated for providing the intent of the High Powered Committee & Ors. - WP No.
However, in numerous rehabilitation unit and rent / legislature is to 3075 of 2015 held that mezzanine structures
cases, multiple floors temporary accommodation for include such are not eligible for slum rehabilitation.
have been constructed the slum dwellers residing in structures as
above the dwelling the floors above the ground "dwelling
structure on the ground floor structure in the form of structure", then the
floor, effectively incentive FSI and/or TDR. developer ought to
resulting in a vertical be given
slum. proportionate use of
FSI/TDR under
Regulation 33 (10)
The occupants of such of the DCPR 2034
additional floors above
the dwelling structure
submit applications and
initiate proceedings for
a rehabilitation unit and
for rent / temporary
accommodation. This
results in occupants of
such floors not co-
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
operating in vacation of
their structures and
adopting various legal
proceedings and even
impugning the slum
development scheme,
which causes delay in
implementation of the
slum project.
Though it should only
the occupants of such
ground floor structures
that ought to be entitled
to a rehabilitation unit
and for rent/temporary
accommodation, the
occupants of such
additional
floors/mezzanine above
the dwelling structure
also submit applications
and initiate proceedings
for a rehabilitation unit
and for rent / temporary
accommodation. This
results in occupants of
such floors not co-
operating in vacation of
their structures and
adopting various legal
proceedings, which
causes delay in
implementation of the
slum project.
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
5. Vacation of Presently the Slum Act Section 33 and 38 There ought to be a No. Rules/Circular T-7 In so far as authorized structures in a slum
Privat Plessel of contains no provision read mechanism set up to deal with may be area / SRA where area is occupied under a
land declared as of the manner in which with Regulation vacation of private lessee as Section 33 and 38 issued under private arrangement with owner / lessee, at
Slum area/Slum any private lessee of 33(10) of DCPR 2034 well. Measures are required to Slum Act to times a combined scheme i.e. 33 (10) with 33
rehabilitation land declared as slum be taken so that private Regulation 33(10) clarify that lessee (5) or 33 (7) etc. is permitted provided the
area or tenants in buildings lessees do not cause hurdles of land/buildings owner / developer fulfils the provisions /
on land declared as in the implementation of the declared as slum statutory requirements. Dehors the statutory
slum are to be dealt SRS. or tenants in provisions, the present statutory regime does
with in terms of their buildings on land not contemplate throwing out a legitimate
entitlement to area, rent Slum Act should specify that declared as slum tenant / lessee by the SRA by exercise of
etc. Sections 33 and 38 the provisions of Slum Act are liable to be powers under Section 33 and 38 of the Slum
of the Slum Act are not would prevail over all other evicted Act. There are certain provisions regarding
being implemented by statutes under section 33 removal of Vacant Land Tenures / Imla
the authorities against and 38 of the Malik (Regulation 33 (10) (1.12)).
private lessee of land or Slum Act.
tenants in buildings on
slum lands unless an Lessee of
agreement is arrived at land/buildings,
between the developer tenants in
and such parties in buildings on slum,
regard to the be given
commercial entitlement in
understanding for their terms of area, rent
vacation and re- as per Regulation
accommodation. 33(10).
Due to this lack of
clarity, a developer is
unable summarily evict
such private lessee and
tenants, who then try to
seek maximum benefits
from the developer and
ultimately cause delay in
implementation of slum
schemes.
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
6. Vacating Slum The Slum Act read with Section 33 and 38 There ought to be a mechanism No. Regulation T-7 1. The Competent Authority/ CEO is
dwellers from Regulation 33(10) of read set-up so that a miniscule 33(10)(6) ought to empowered to evict slum dwellers that
commercila DCPR 2034 provides with Regulation number of slum dwellers do Regulation 33(10) be amended are not consenting to the scheme.
slum structures that all eligible slum 33(10) of DCPR 2034 not come in the way of to permit
dwellers are entitled vacating the slum dwellers provision of 2. Area equivalent to what was occupied for a from the land commercial earlier is not practical.
maximum carpet area of rehab 300 square feet premises 3. Only ground floor structures are being irrespective of the actual equivalent to the considered. The structure above area occupied by all area occupied and ground floor is not considered for residential as well as equivalent sale FSI rehabilitation.
non- residential / to be made
commercial / economic available to the
activity areas. developer.
There are instances
where multiple floors
have been constructed
above the structures on
the ground floors in
slums and are used for
commercial purposes.
Some of these
structures range from
1000 square feet to
15,000 square feet.
Usually, the slum
dwellers let out these
structures on rental
basis and make profits
therefrom.
Despite the aforesaid
position in law in respect
of their entitlement of
area, the slum dwellers
demand for equivalent
area in rehab as was
occupied by them
earlier. This makes is
practically difficult for a
developer to finalize
plans to meet the
demands of few
commercial occupants.
This also leads to other
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
slum dwellers to
demand larger areas.
Furthermore, some
commercial occupants
refuse to vacate their
larger structures and
create hurdles in this
regard by initiating legal
proceedings. Eventually
the developer is
compelled to settle with
such commercial
structure owners and
provide area from their
sale component.
7. The Slum Chapter I-B, section Eligibility of slum-dwellers for T-6 To balance the rights of the slum dwellers,
Slum rehabilitati 3- rehabilitation schemes must be it has been provided that slum dwellers
Rehabilitation on schemes are based on X and 3-Z Protected based on the date of survey of between 2000 - 2011 will be rehabilitated
Scheme date-line or "cut-off Slum Dwellers. slum-dwellers for a on payment of costs.
cannot date" entitlements - and redevelopment project rather
achieve a slum the scheme only than on arbitrary 'cut-off
free Mumbai - provides replacement dates.' This norm has already
every units for a limited been followed in the World
SRA number of "eligible" Bank aided infrastructure
project creates a households. The projects in Mumbai.
net deficit ineligible dwellers have
of housing no choice but to find
stock, by accommodation
demolishing elsewhere, typically in
more houses other slums. This is a
that it replaces. major weakness in the
scheme: it ends up
tearing down more
houses than it builds.
Contrary to the mission
of the SRA to create a
"slum free Mumbai",
every SRA project
creates a net deficit of
affordable housing stock
which ensures that
slums will change form
and location but never
be eliminated.
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
8. Exclusion of The consent DCPR 33 (10) Rehabilitation area: the Amendment to the T-6 1. Identity of members attending the
'non requirement of 71% of rehabilitation scheme area for Slum Act as well as meeting is verified by the authorized
consenting' eligible households has a project must be demarcated DCPR 2034 officers of SRA. The authorized officer
slum been watered down to and notified by the SRA based thereafter takes the votes and declares
households and 51%. It is common for on clearly established the results of the meeting. The meeting
fraudulent developers to delineate a parameters before the is videographed.
'consent' for scheme boundary in a identification of a developer
redevelopment manner that excludes and before the survey of slum- 2. Thereafter the developer submits a projects non-consenting dwellers. scheme with the notarized written members. Apart from consent of 51% of eligible slum this technique, there Consent: Consent of 71% of dwellers. have been numerous slum-dwellers identified documented cases of through the survey must be 3. The SRA is exploring the possibility of misinformation, proved for preparation of Annexure II by the SRA corruption, intimidation on the basis of biometric survey so that and coercion by builders developer as well as for when a scheme is received the proof of and their agents to attain project proposal. eligible slum dwellers is already the requisite number of available.
'consenting' members. Scheme information: all In other words, the scheme information including 4. The SRA is also considering imposing principle of consent scheme area, plans of the of conditions on developers that the envisioned by the rehabilitation, timeline of process of taking consents is framers of the slum construction, transit videographed by developers. This will rehabilitation scheme arrangements, must be made reduce disputes regarding the identity of has been both available to slum-dwellers the persons.
undermined in the sufficiently in advance of the
regulations as well in process of establishing 75%
practice. consent for the project. The
guidelines prepared for under
section 79(A) the Cooperative
Societies Act can be similarly
prepared for redevelopment of
slum areas.
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
9. Developers Developers do so to GR dated- Consent for a developer's T-6 The said issue is answered above.
adopt fraudulent obtain additional Floor 17.01.2008 GR project formulation needs to be
strategies to Space Index from the dated-04.06.2008 linked to presentation of a full
fabricate Government. Circular project design including plans
Annexure-II by date for transit periods and delivery
inflating the Lack of measures to d- 12.02.2024 of houses, followed by a Q&A
number of slum- curtail such issues. session and then a consent
dwellers in the DCPR 33 (10) form that is distributed to every
scheme Since eligibility of slum existing household in the
dwellers is required for delineated territory should be
them to consent to the returned by the household to
scheme, it motivates the the promoters within 2-3 days.
developers to further The consent given should be an
forge consent by using informed consent, and the slum
strategies such as adding dwellers should not be forced
names of people who do to consent to a scheme without
not exist, people who are being full knowledge of the
dead, arbitrary merger scheme and the timeline for
and inclusion of redevelopment. The slum
adjacent territories, etc. dwellers should be involved in
The link of eligibility to the proposed project.
consent has made those
who ask for more Consent mechanism needs to
information or disagree be strengthened, which
vulnerable to physical includes a process that respects
threats and intimidation. the integrity of the settlement
boundaries for calculation of
the total number of households
and a process that is
accompanied by full prior
information.
A contract should be signed
after this with a countersign by
an SRA representative and a
copy should be handed over to
every household.
An eligibility test should be
undertaken after the signing of
contract. Those considered
ineligible are often being an
assurance of rent so that they
vacate the houses. Options for
the eligible, the ineligible
should therefore be clearly
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
mentioned in the contract
whose copy should be shared
with every household,
irrespective of eligibility.
Developers should be barred
from clubbing multiple
schemes after presenting a
project to slum developers and
getting consent, based on the
same.
10. Displacement of Given eligibility norms, 33(10) VI 1.16 (iv), Displacement of slum dwellers T-6
slum dwellers at least 10-15% DCPR, 2034 due to eligibility norms
due to eligibility households get
norms. displaced even before a Section 10, SR Act
scheme is completed
and another 8-10% in Section 38, SR Act
the next few years of Government
occupation, partly due to Resolution
the economic and social date
vulnerabilities of the d
residents. 18.08.2023
fo
r
Documents to be
considered for the
eligibility of Non-
residential
slum
dwellers/ stall holders
for
redevelope
d
tenement.
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
11. Non-issuance of Since the Act has been Photo passes should be issued T-6 1. The State Government has issued
photo-passes brought in, it has been to slum dwellers, in regard to Government Resolutions dated
only once in the year identification of 'slum dweller' 16.5.2015 and 16.5.2018 wherein it is
1976 that photo passes as per the provisions of Section clarified that eligibility of a slum
were issued and after 3 Y (1) of the Maharashtra structure and a slum dweller can be
that a survey was once Areas Act and the same can be decided on the basis of any of the
carried out in the year used. documents mentioned therein which
1999- 2000 for revision includes a census form on the basis of
and updating the photo If need be; for the preparation which photo passes were issued in the
pass holders but the of Annexure I under DCR year 2000. Therefore, issuance of a exercise was not 33.10. photo-pass is not necessary. Other completed and no new documents are also valid documents for photo eligibility.
pass was issued. Provision to issue photo passes The ground survey to those who have been 2. The ground survey is carried out by the carried out to determine surveyed under the current Surveyors in the SRA. Additionally, the eligibility is done biometric survey. Tahsildars/ Naib Tahsildars in the SRA mostly in absence of personally verify 100% of the slum government officials dwellers surveyed. The Deputy and Collectors who are Competent inadequate staff. Authorities under the Act personally verify 10% of the eligible slum dwellers.
3. With the biometric survey, the process of verification of documents is quicker and expeditious.
12. Unrealistic The cutoff dates rely on G.R dated 16.05.2015 Documents like birth and T-6 Essentially documents where authority an residents to produce and 16.05.2018 death certificates, school verifies the location are being utilized for the d stringent electricity bills, electoral leaving certificate, police purposes of eligibility. The documents conditions rolls, photo-passes and complaints, Aadhar and PAN suggested are prone to abuse.
survey slips to prove Card, bank passbooks should
of documents eligibility. be added to the list of
required to Resear documents needed for
prove ch points out that it takes eligibility.
eligibility. years (often decades) for
residents to obtain these
documents leading to lot
of exclusion of people.
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
13. Societies SRA officers often cater Circular No. 169 The process of forming a T-6 The meeting for appointment of developer
conduct their to developers, allowing mandates that a society should only commence is done under the aegis of the officers of
GBMs with the them to profit while General Body after the issuance of the SRA. Various steps regarding
developers and exploiting slum Meeting (GBM) be Annexure II, ensuring that finalization of Annexure II and
their agents dwellers. This suggests held before the only eligible slum dwellers are appointment of developer are set - out
taking an active that the officers may registration of a involved in the hereinabove.
part and without have personal interests society under the implementation of the scheme.
following due in benefiting financially MCS Act, 1960, to
process required from these developers. pass resolutions
under the MCS for appointing
act, 1960, and the chief promoter
the circulars and
issued by the developer.
SRA, raising
concerns about
the legality and
transparency
of the formation
process.
14. Arbitrary use of It has become a practice Procedure for conducting any Amendment of Section T-6 The procedure under section 33 and 38 is
section 33 and that Section 33-38 eviction of slums by any 3Z to make the initiated after the determination of
38 of the Slum proceedings are initiated authority should be preceded procedures of eviction eligibility. The parameters of Section 33
Act 1971 against slum dwellers by: and rehabilitation and and 38 are settled by various judgments of
who are opposing the i) a survey of all residents, the penalties of its this Hon'ble Court.
Scheme in cases of ii) individual notices to all violation very clear. It
malpractices residents should not leave out
iii) preparation of annexure-2 scope of arbitrary use of
by developers or against based on the survey power when comes to
non-consenting iv) sufficient appeal time eviction.
members. before eviction
v) rehabilitation before
This is done at the eviction vi) appeal process
instance of the after eviction as well
developer without vii) no evictions during
hearing the non- monsoon periods as per the
consenting slum Supreme Court's order.
dwellers or their
complaints, to get rid of Officers using arbitrary power
any objections to the to evict should be prosecuted
project. under criminal charges as the
people rendered homeless
suffer tremendous violence
due to
homelessness.
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
15. Increased Non implementation of Circular No. 217 Biometric survey for Yes required official Yes penalty T-1 1. Currently, Auto Annexure-II issued by
number of Biometric survey dated 12 February identification of number of should be held provision clause the Competent Authority is based on a
bogus slum- 2024. exact slum dwellers of responsible shall be included central database of the SRA which is
dwellers who particular plot and integration a shall be against the prepared on the basis of the cluster
are in favour of of the same with central data nd disciplinary action officials not survey undertaken by the SRA.
the Developer base is required irrespective of and penalty should be following it. 2. On disciplinary action against errant and those who the Authority preparing imposed. officers, please refer to the response in are against the Annexure II point 5 in Table 1.
developer are 3. Biometric survey is in fact being carried left out without Disciplinary action should be out.
survey. initiated against the officer not
following the law.
16. Undecided Eligibility applications Circular No. 91 Application should be decided Not required already Yes penalty T-1 There is no concept of eligibility applications.
Eligibility are kept pending for with the required time frame as provision is present but provision clause As regards the appeals suggested, the same has
years on the instance of that of RTI Applications. not implemented. shall be included been dealt with hereinabove.
of slum developer and for some shall be against the
dwellers. Monetary expectation of All the appeal proceedings officials not
the officials should be completed with 1 following it
year.
Disciplinary action should be
initiated against the officer not
following the law
17. Identification of Time and again By Maha Act. 10 of cut - off date should not be T-9 1. The issue regarding cut - off date is
genuine Slum extension of cut-off date 2002 [w.e.f. extended in any answered hereinabove.
Dwellers has encouraged 18.05.2001] circumstances,
[Eligibility], encroachment [Amendment to The 2. The SRA is in the process of integrating recorded at a Maharashtra Slum Identification of eligible Slum the Aadhaar database with the SRA's centralized data of Areas (I. C. & R) Act, dwellers, with biometric of database as well as capturing the slum base, so that Government/ Private 1971], the actual actual occupants by linking dwellers mobile number. bogus slum Land, apart from the fact occupier of a their Aadhar Card. This data dwellers, can be that the same is in dwelling structure, in should be centralised. Mobile 3. On timelines for deciding eligibility eliminated from violation of the Slum existence on or prior number of the slum dwellers claims, please refer to the response in taking benefit. Act and should stop to 01st January, should also be linked, so as to Point 16(1) above.
somewhere; 1995, were protected send draft and final Annexure and were entitled - II [In short 'Ann - II'], to 4. The SRA is already working towards Slum dwellers claiming f them, so that they are aware. satellite surveys to prevent benefits in more than or Most of time, it is seen that encroachment. one Scheme; rehabilitation slum dwellers, are not aware of their eligibility status in Ann - 5. The SRA has already issued Circular 222 Benefits only to be given / II. as per which the names of husband and to genuine slum relocation. [See Sec. wife are included as joint owners in dwellers; 3X and 3Y of the Slum In Ann - II, eligibility should Annexure-II.
Act]. not be kept undecided Bogus documents used [sometimes it is kept pending 6. On following the eligibility norms as per Page 299 35 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:06 ::: Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA No. problem Statutory Section(s), Measure / Solution Legislative identified Regulation(s), requires amendment Reforms Rule(s), Circular(s), of law by Legislature Guideline(s) and / or Judgment(s) for eligibility. Under this criteria for decades]. the Government Resolutions dated 'Slum 16.5.2015 and 16.5.2018, the same is Satellite survey of Slum Plots, being implemented by the SRA. Structure' should be in should be done periodic, to existence prior to cut - prevent further encroachment. 7. On issuance of photo-passes, please refer off date of 01.01.1995 to the response in point 11(1) above. and further, the 'Slum The cut-off date of eligibility Dweller' should also should be freezed and not to be 8. The SRA will issue an identity card after be in actual possession extended, in any condition. allotment of rehab tenements to slum prior to cut - off date dwellers.
[i.e. 01.01.1995]. Name of spouse (Husband and Wife) and all actual occupants This Hon'ble Court in should be mentioned in Ann -
the matter of Janhit II.
Manch v. State of Maharashtr Subsequent purchaser after a [(2007) 1 Bom CR issuance of Ann - II who have 329], has held that the actually 'occupied / resided' in cut-off slum structure, should be da considered for eligibility [as te per G.R. dtd.
01.01.1995, shall not 16.05.2015 and
be extended further. 16.05.2018].
Thereafter, in blatant Sec. 3Y of the Slum Act, violation of above provides for issuance of Judgement of this Photopass, however, Hon'ble Court passed Photopasses are not being in matter of Janhit issued. Therefore, Competent Manch [Supra], Authority be directed to issue 'Photopass', to slum dwellers, Cut off date by verifying their documents, of 01.01.1995, as per law.
was
extended After issuance of letter of
t Allotment to the slum
o dwellers, SRA should also
01.01.2000 [By Maha issue 'Identity Card', to the Act. 9 of 2014, S. 2 allottee having photograph of (w.e.f. 02.05.2014)];' Husband, Wife and other family members of allottee.
Sale / Purchase after
01.01.2000 of 'Slum
Structure' [in
existence prior to
01.01.2000], was
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
permitted by G. R
dtd. 16.05.2015.
Slum Structure which
have come up after
01.01.2000 till 2011,
are also now entitled
for rehabilitation,
subject to payment of
prescribed fee / cost
vide G.R dtd.
16.05.2018.
18. Procedure for Annexure-II records the Notification For proposed measures For T-8 The issue concerning preparation of Annexure
issuance details of the existing N mentioned from (a) to propose II is answered hereinabove.
occupants occupying the o. Sankirna- (d): d measure at (e):
of Annexure-II area covered by SR 2020/CR- (a) The proposed Amendment of
and its finality. Scheme and which 18/Zopani-2 dated measure can be DCPR
occupants are eligible / 12th August 2021 implemented under 203
ineligible, determining issued by Housing existing law by passing 4
the number of slum Department, similar notification [Regulation
dwellers that are to be Maharashtra. under Sections 3(1), 33(10)] for
rehabilitated. 3Y(1) and 35(1) of the consistency
Act appointing between the Act
Presently, Annexure-II Reg.33(10) (2.2), appropriate authorities and the regulations
for various land owning DCPR 2034. under SRA delegating under DCPR 2034,
bodies like MHADA, powers for issuance of as provisions of
MCGM, MMRDA is Annexure-II. both legislations
verified by their internal Admin. order dated are required to be
agencies as against 3rd October 2023 (b) Issuance followed for a
central agencies of issued by SRA. of regulations timely
Deputy under Section 3V implementation of
Collecto consistent with the Act, the SR Scheme,
rs stationed in SRA, due for implementation of and therefore,
to which issuance of the proposed they
Annexure-II takes measures; cannot
anywhere between 6 the verification b
months to a decade. and issuance of e
Annexure-II, in a contradictory to
Powers of various streamlined and timely each other.
Deputy Collectors with manner.
regards to approval of The general Slum
Annexure II are now Rehabilitation
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
designated to one single Scheme under
Deputy Collector of Section 3B of the
SRA. Act to be amended
accordingly.
Case by case declaration
of Annexure II causes
overlap, dual benefits to
the same slum dwellers
in two different
schemes, allows
introduction of
additional slum dwellers
vide Supplementary
Annexure II.
The present procedure
for issuance of
Annexure-II is
elaborated in our
Affidavit at para. no.3
(Issue 1).
19. Identification of Slum dwellers who have Maharashtra Co- 1. Once a plot is declared and A-11 The said issue is already addressed. So far
slum dwellers no experience and right operative Societies published on the website as a as electricity bills and the account, the same
over land cannot be Act slum plot, SRA will appoint a is already connected. The SRA is in the
expected to manage separate process of linking Aadhaar.
their societies. professional management
agency for every slum plot that
will guide slum dwellers at all
stages. The agency must have
a minimum number of
professionals and should have
satisfied the eligibility
norms for
appointment/selection. The
fees will be partly paid by the
slum dwellers as scrutiny of
eligibility and partly by SRA.
2. Once a plot is declared as a
slum, every occupant and his
family members must register
themselves by using a public
data entry module on their own
on a dedicated user-friendly
government website against
their respective structure with
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
payment of certain fees for
scrutiny. Fees will be
increased gradually after the
cut- off date has expired. Also,
it will be the responsibility of
the Agency to ensure that data
of occupants of every structure
in the plot are entered on the
website.
3. The concerned authorities
shall also enter or link their
data related to structures and
other details.
4. As soon as a person registers
with the website, the occupant
and his family members shall
be permanently disentitled
from
rehabilitation rights in future
except for the present
structure.
5. The website will be
connected with and authorised
to use/verify the data from the
concerned govt authorities and
utility providers viz electricity
suppliers, telephone, banks,
LIC etc election authority,
Aadhar, Income Tax, BMC etc
for KYC verification. Most of
the data will be captured from
the other websites linked. This
will make public data entry
simple and avoid duplication
of data and instant verification
of KYC data entered.
6. Effective integration of all
concerned authorities with this
website is a key to success.
7. Since the website will be
linked with the Election
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
Authority's Website, the
voting rights of all slum
dwellers shall stand suspended
till he has vacated their
respective structures. This
will permanently end
unholy electoral politics.
8. The Agency for the Slum
Plot completes
preliminary verification
within the stipulated time.
9. The website will have an in-
built verification process like
the IT/GST Website. This will
be the second verification.
10. The third verification will
be done through trained
officials / independent
professional agencies
without interacting with the
slum dwellers or any other
person, directly like a
faceless assessment done
under IT/GST. At this stage,
the eligibility decisions of
most occupants will be cleared
based on standardized data.
11. As soon as the third
verification stage is cleared
and viable slum pockets are
decided, the Cooperate Dept
will automatically register a
society for that slum pocket.
12. As soon as the third
verification stage is cleared,
the agency for the slum pocket
shall call a common meeting of
all eligible members of the
particular slum plot and slum
dwellers shall appoint the
managing committee for that
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
pocket. The agency will enter
details on the website for the
society already registered for
that pocket. The Managing
Committee· will function as per
applicable Cooperative Rules.
13. The fourth verification
will be done through
designated officials in
decisions related to genuine
typical non-
standardised cases/disputes.
14. The above processes will
be done simultaneously and
in parallel with a deadline
for all Stages.
20. Creation of There are no clear There should be identification A-17 As regards procedure for formation of Society,
slum societies directions/circulars of slums by the State the same is governed by the Circulars of the
mandating on what basis Govt./SRA. The criteria for SRA.
the formation of the formation of slum societies
society is to be done. should be clearly spelt out. The
Often, there are a process of election of
number of societies on promoters should be
one CTS number or a supervised by the SRA.
one society
across a number of CTS
numbers
21. Identification of Time and again By Maha Act. 10 of a. cut - off date should T-10 Please refer to point 17 above.
genuine Slum extension of cut-off date 2002 not be extended in any
Dwellers has encouraged [w.e. circumstances,
[Eligibility], encroachment f.
recorded at a 18.05.2001] b. Identification of
centralized data of [Amendment to The eligible Slum dwellers, with
base, so that Government/ Private Maharashtra Slum biometric of actual occupants
undeserving Land, apart from the fact Areas (I. C. & R) Act, by linking their Aadhar Card.
slum dwellers that the same is in 1971], the actual This data should be
should not take violation of the Slum occupier of a centralised. Mobile number of
benefits. Act and should stop dwelling structure, in the slum dwellers should also
somewhere; existence on or prior be linked, so as to send draft
to 01st January, and final Annexure - II [In
1995, were protected short 'Ann - II'], to them, so
and were entitled that they are aware. Most of
f time, it is seen that slum
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem Statutory Section(s), Measure / Solution Legislative
identified Regulation(s), requires amendment Reforms
Rule(s), Circular(s), of law by Legislature
Guideline(s) and / or
Judgment(s)
or dwellers, are not aware of their
rehabilitation eligibility status in Ann
/ relocation. [See Sec. - II.
3X and 3Y of the Slum c. In Ann - II, eligibility Act]. should not be kept undecided Under this [sometimes it is kept pending criteria 'Slum for decades].
Structur d. Satellite survey of
e' should be in Slum Plots, should be done
existence periodic, to prevent further
prior to cut - off date encroachment.
of 01.01.1995 e. The cut-off date of
an eligibility should be freezed
d and not to be extended, in any
further, the 'Slum condition.
Dweller' should also f. Name of spouse
be in actual (Husband and Wife) and all
possession prior to actual occupants should be cut - off date [i.e. mentioned in Ann - II.
01.01.1995]. g. Subsequent purchaser
This Hon'ble after issuance of Ann - II who
Court in the matter of have actually 'occupied / Janhit Manch v. State resided' in slum structure, of should be considered for Maharashtr eligibility [as per G.R. dtd.
a [(2007) 1 Bom CR 16.05.2015 and 16.05.2018].
329], has held that the h. Sec. 3Y of the Slum
cut-off Act, provides for issuance of
da Photopass, however,
te Photopasses are not being
01.01.1995, shall not issued. Therefore, Competent be extended further. Authority be directed to issue Thereafter, in 'Photopass', to slum dwellers, blatant violation of by verifying their documents, above Judgement of as per law.
this Hon'ble Court i. After issuance of letter passed in matter of of Allotment to the slum Janhit Manch [Supra], dwellers, SRA should also issue 'Identity Card', to the
(i) Cut off date of allottee having photograph of 01.01.1995, Husband, Wife and other w family members of allottee.
as extended to 01.01.2000 Page 306 42 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:07 ::: Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA No. problem Statutory Section(s), Measure / Solution Legislative identified Regulation(s), requires amendment Reforms Rule(s), Circular(s), of law by Legislature Guideline(s) and / or Judgment(s) [B Maha Act. 9 of 2014, S. 2 (w.e.f.
02.05.2014)];'
(ii) Sale / Purchase
after 01.01.2000
of 'Slum
Structure' [in
existence prior to
01.01.2000],
was
permitted by G.
R dtd.
16.05.2015.
(iii) Slum Structure
which have come
up
aft
er
01.01.2000 till
2011, are also
now entitled
f
or rehabilitation,
subject
t
o
payment
o
f prescribed fee /
cost vide G.R
dtd. 16.05.2018.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUO MOTO WRIT PETITION NO. 1 OF 2024 IN RE: PERFORMANCE OF AUDIT OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT, CLEARANCE AND REDEVELOPMENT) ACT, 1971.
...Petitioner Versus THE STATE OF MAHARASHTRA & ORS.
...Respondents SUGGESTIONS FOR SELECTION OF DEVELOPERS Page 308 44 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:07 ::: Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and No. problem Statutory Proposed Reforms Suggestions of the identified Section(s), Measure / SRA Regulation(s), Solution Rule(s), requires Circular(s), amendment of Guideline(s) and / law by or Judgment(s) Legislature
1. Selection of The entitlement of a slum Section 2(c-a) of the Selection of a developer may be No. SRA may devise a T-7 1. The SRA has developer dweller is the rehabilitation Slum Act read with undertaken under supervision of a mechanism for selection addressed a letter to through unit (area of which is Regulation 33(10) designated authority, so as to ensure of developer under the the State proposed prescribed by the State VI 1.15 transparency and avoid duplicity. This supervision of Government seeking auction process Government from time to will also address the concern of consents designated authority. approval for time) and rent or temporary being given by slum dwellers to multiple auctioning slum accommodation. Further, developers and stalling the slum scheme. Basic criteria ought to be schemes on Regulation 33(10) of formulated to bid for government lands DCPR 2034, also makes Criteria may be introduced for selection of slum scheme depending which are stalled. provision of certain a developer with respect to a slum scheme. upon the size of the slum, 2. So far as new slum amenities that are to be Some of these criteria may depend upon built up area involved, projects are made available to the cost of project in the slum project costs involved. concerned on either rehabilitation buildings. rehabilitation scheme and total area to be Only such developers private or Hence, there is a lack of constructed. Only such developers ought ought to be permitted to government lands, biddable item basis which to be permitted to be selected who have be selected who have the process as selection of a developer undertaken at least 3 projects in the last 10 completed atleast 3 specified under the can be undertaken. years involving similar costs, total area projects of similar scale, DCPR 2034 shall be and magnitude. Further, minimum net minimum net worth of followed, and in Issuance of bid/tender may worth of the developer depending upon the the developer depending projects where the render the entire auction scale of the project and costs involved can upon the scale of the process of auction is process susceptible to legal also be a criteria. It is submitted that only project and costs possible, the same challenge and various legal the developers who satisfy such a involved can also be a shall be adopted.
proceedings by not only stipulated criterion may be permitted to criteria. It is submitted 3. SRA is now
developers but also by slum submit their proposals for implementing a that only the developers proposing to impose
dwellers and/or landowner. slum rehabilitation scheme. who satisfy such a a criteria for
stipulated criterion may determining
be permitted to submit financial capacity
their proposals for and technical
implementing a slum capacity for
rehabilitation scheme. selection of
developers.
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
2. Stalled projects There exists several slum Section 2(c-a) of the It may be considered to appoint a Yes. Proposed The mechanism for T-7 1. The State
projects which are stalled Slum Act developer from a panel of developers Measure / selection of a fresh Government along with
and the developer who has who meet the minimum criteria such as Solution require developer as iterated the SRA has prepared a
been selected has defaulted (i) only those developers who have amendment of above can be adopted. panel of developers and
in implementation of the undertaken at least 3 projects in the last law by tried to auction stalled
scheme and has been 10 years involving similar costs, total Legislature. Selection of developer projects to such
removed under section area and magnitude; (ii) minimum net under the supervision of developers. However,
13(2) of the Slum Act. worth of the developer depending upon designated authority. no proposals have been
the scale of the project and costs submitted by such
involved. Only such developers developers.
ought to be permitted to
It is submitted that only the developers be selected who have 2. Instead of a panel of who satisfy such a stipulated criterion may undertaken at least 3 developers, as stated be permitted to submit their proposals for projects in the last 10 above, the SRA is implementing a slum rehabilitation years involving similar proposing to impose scheme. costs, total area and selection criteria for magnitude. appointment of Fu developers which will rther, minimum net worth ensure participation.
of the developer
depending upon the scale
of the project and costs
involved can also be a
criteria. It is submitted
that only the developers
who satisfy such a
stipulated criterion may
be permitted to submit
their proposals for
implementing a slum
rehabilitation scheme.
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
3. Limited or no Since slum redevelopment Options for voluntary in-situ Amendment to T-6 1. Regulation
options for slum projects can only take place rehabilitation: After the provision of the Slum Act; a 33(10) V of the
dwellers in if a developer comes improvement works, if slum-dwellers are directive from DCPR, 2034
selection of forward to prepare a keen on redevelopment, two alternatives the High Court already allows
developers, scheme, and a developer for voluntary slum rehabilitation may be bringing slum approved NGOs
irregularities will only come forward if offered: (a) redevelopment through a rehabilitation registered under
and the scheme seems profitable voluntary organisation or a developer; (b) schemes within the Maharashtra
ill - a large number of slum redevelopment through a public authority the purview of Public Charitable
egalities in slum rehabilitation projects do (SRA or MHADA, MMRDA). the RERA Act. Trusts Act, 1961
schemes not start or stall mid-way Directive on and the Societies
because developers find Lease of slum land to slum dwellers' lines of 79(A) of Registration Act,
them financially unviable. cooperatives before redevelopment: the Cooperative 1960 for at least
One of the reasons for regulatory capture Societies Act for for the last five
Slum redevelopment is that the slum dweller cooperatives have Slum years to
projects for developers are a weak financial as well as bargaining Redevelopment redevelop Slum
driven by business interests, position with respect to the developer and projects. Rehabilitation
and unlike redevelopment of the authorities. If the government is Areas.
CESSED buildings or serious about improving the condition of
cooperative societies, slum slum dwellers, it would consider leasing 2. SPARC, an
dwellers have very little slum land to slum-dwellers cooperatives, NGO, has already
bargaining power vis a vis which will allow the society to then be on been carrying out
developer. There have been an equal footing with the developer. If a slum
numerous documented slum-dwellers are unable to engage a rehabilitation
studies of bullying, developer, they will be in a position to scheme. SRA
intimidation and coercion secure loan finance for taking up self- also provides 5%
by promoters over slum development as owners of land. additional sale
dwellers. FSI to such
schemes. The
Protocol for Slum Redevelopment CEO also has the
projects on lines of the Co-op society powers to entrust
redevelopment directive: Slum dwellers' the Slum
cooperatives can then engage developers Rehabilitation
as land owners, and the guidelines Scheme to
modeled on the directive issued under the agencies such as
Cooperative Societies Act 79(A) can be the MHADA
made applicable to slum redevelopment MMRDA. In
projects. fact, 228 schemes
have been
allocated to
public authorities
like the MCGM,
CIDCO,
MahaPREIT,
MHADA,
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
MSRDC and
MMRDA under
the joint venture
policy which will
complete
allotment of
2,18,931
tenements within
three years.
3. Leasing
government land
to slum dwellers
will not lead to
transfer of
ownership and
therefore, not
affect bargaining
powers of the
slum dwellers.
4. Developers Reduction of consent from 33 (10) VI 1.15, Restoration of 71% consent of the eligible Yes T-6 1. Circular 144D
easily 71% to 51% of the eligible DCPR, 2034 slum dwellers. Withdrawal of the adequately
manipulate the occupants. provision which reduces the 71% criteria addresses this
slum scheme by from DCPR 2034. issue.
fraudulently
showing 2. On forged
the required consent, please
consent of the refer to the
slum response in point
dwellers. 9 Table 2.
5. Transferring These Developers make GR dated Lease agreement must be signed b/w the Yes T-6 1. As for the
SRA schemes to fraudulent Annexure III 25.05.2022 slum dwellers and land-owning authority apprehension on
different submissions to the SRA and with a clause stating that no encumbrances fraudulent
developers the SRA approves their GR dated should be created on the land and any Annexure-III, in no
without proposals without proper 09.12.2022 changes / alteration in the scheme should case has the SRA
th verification of their first get approved by the majority of slum come across a
e financial standing. GR dated dwellers, SRA and land-owning authority. fraudulent
permission of 07.06.2022 The agreement should clearly specify the Annexure-III.
SRA: When project completion timeline, whether
Developers who transit housing or rent will be provided, 2. So far as the don't have the and the exact amount of rent, if applicable. apprehension that financial Additionally, the layout plan and terms the developer is Page 312 48 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:08 ::: Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and No. problem Statutory Proposed Reforms Suggestions of the identified Section(s), Measure / SRA Regulation(s), Solution Rule(s), requires Circular(s), amendment of Guideline(s) and / law by or Judgment(s) Legislature standing and conditions agreed upon with the SRA incapable of to must be fully disclosed to the slum executing a slum execute the dwellers to ensure transparency scheme, as stated project get throughout the process. above, selection approval from criteria for SRA, they either developers are appoint another being proposed.
developer to
execute the 3. Executing a lease
scheme or sell agreement with
the project to slum dwellers will
make undue in no way further
profits. the execution of
the slum
rehabilitation
scheme.
4. The necessary
clauses as
suggested are
already
incorporated in the
individual
agreements
between the slum
dwellers and the
developer.
5. The SRA has now
started an online
building plan
approval system so
that all the details
of buildings will be
available to the
public.
6. Multiple No clarity in the laws. There must be a time limit within which This can be T-6 1. In so far as
Developers the project should be completed. During done by issuing submission of
submit this period, no changes to the developer Notifications/R proposal is
proposals for the should be allowed, and no new developers esolutions/ concerned, at one
same slum should be introduced unless the approved directives. time, only one
rehabilitation developer fails to comply with the terms proposal is
scheme creating and conditions of the agreement. considered by the
confusion, delay SRA in accordance
and conflict. with the decision in
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
the case of
Awadesh Tiwari.
2. As regards, the
time limit of
completion,
timelines within
which the project
has to be
completed is
already mentioned
in the LOI issued
by the SRA. The
option to change
developers was
introduced to
tackle situations
where developers
wouldn't meet
their project
obligations
including payment
of transit rent.
However, if the
developer is
paying rent on time
and/ or carrying
out work as per the
schedule submitted
by him, then no
new developer is
appointed.
7. Financial Many projects are stalled All government authorities should become T-6 1. On allowing land
capacity of the due to the financial the developers on their land allowing the owning authorities
builder incapacity of builders to creation of redeveloped as well as project to carry out
complete the project or affected tenements in the city. There must rehabilitation
provide transit rent (as per a be full disclosure of the land available and schemes, please
recent news article transit the land required for housing to ensure refer to the response
rent exceeds 1000 crore transparency in the project. Competent in point 9 of Table
rupees). Lives of slum authorities should take full responsibility no. 1.
dwellers are destroyed when along with builders if project fails due to
builders stall the project or financial incapabilities as they approve 2. As of date, the SRA Page 314 50 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:08 ::: Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and No. problem Statutory Proposed Reforms Suggestions of the identified Section(s), Measure / SRA Regulation(s), Solution Rule(s), requires Circular(s), amendment of Guideline(s) and / law by or Judgment(s) Legislature stop transit rent due to lack financial plans of developers. is already taking of sufficient finances. responsibility for Authorities don't examine A forensic audit should be done of the schemes where the the builder's financial proposed Developers to ascertain their developer does not capacities properly and financial viability. perform by changing housing society committee the developer under members often get Developers who default on paying transit Section 13(2). corrupted and allow the rent should be excluded from the scheme, project to start. This and the SRA should assume the 3. Conducting a situation has stalled nearly responsibility for completing the project. forensic audit of the 500 projects. Circular 210 states that developers who developers is not are marked as defaulters in paying required given the transit rent to the slum dwellers in the criteria for previous projects should be marked as appointment of blacklisted and be refrained from developers is under taking up new projects. This should be consideration of the extended to their sister companies/ SRA.
concerns and also family members.
4. The SRA is already changing developers who are not paying transit rent. The developer is also not eligible to submit a new scheme till the outstanding rent is cleared as per Circular 210.
5. Henceforth, the SRA will also temporarily suspend associated enterprises or related parties of errant developers until the outstanding rent is cleared.
6. On blacklisting of developers, the SRA is considering formulating a policy.
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
8. Concessions/ Concessions are being given 33(10) VIII 6, Heavy penalties should be imposed on T-6 1. So far as imposition
Amnesty Given to the developers by DCPR, 2034. developers who have defaulted to make of penalties is
to Developers handing over public land to good the terms and conditions of the concerned, the SRA
them. Instead of penalizing Government development agreement - if they have will address a
the defaulting developers, resolution dated been found to be in non-compliance of it. representation to the
who are unable to complete 07.06.2022, to State Government
the Rehabilitation Schemes implement amnesty Developers should be backlisted in case of for reduction of
even after 10-15 years, they scheme to complete default. incentive sale FSI.
are being gifted the amnesty stalled SRA The SRA is also
scheme. Schemes. There should be an empaneled list of considering
developers who have a track record of increasing the
This is because SRA completing SRA projects on time, and quantum of bank
schemes, over the years, Government only when due background check is done, guarantees and
have become profit centric, resolution dated developers should be given projects. forfeiture thereof.
instead of being viewed as a 25.05.2022,
necessary process to ensure regarding measure The procedure should be similar to the one 2. On blacklisting of right to housing of the to be taken to provided for selecting a developer under developers, the SRA affected slum dwellers. complete stalled the Maharashtra Co-operative Societies is considering slum rehabilitation Act. formulating a policy.
schemes.
3. On empanelment of Government developers please Resolution dated refer to response in 09.12.2022, point 2 in Table No. regarding taking 3.
measure to complete
stalled slum
rehabilitation
schemes.
Circular Number
216 by the
Engineering
department dated
21.02.2024 by way
of which the defect
liability period from
3 to 10 years.
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
9. Handful Some member of the society Development to be done by appointing Necessary Development through T-1 Seeking consent is a
members of the are feed by the Developer to contractor by E-Tender process as amendments in developer should be mandatory and crucial
society decide appoint them as developer followed by the MHADA, MMRDA in the current terminated. part of the slum
the faith of for the Project Public infrastructure projects etc. legislation is rehabilitation process.
every members required. Additionally, where
of the Society. the owners have failed
or projects have been
stalled, the SRA is
considering issuance
of tenders for ward-
wise clusters of slum
pockets for which the
developer will be
appointed through e -
tendering.
10. Financial Relaxation in financial SOP present Power of the CEO SRA for relaxation in Required Power of the CEO SRA T-1 1. There is no SOP
capacity check. capacity norms by chief financial capacity of developer should be amendment in need to be curtailed for present for relaxing
executive office and finance abolished. current relaxing the conditions financial capacity
Relaxation in controller. legislation while granting LOI e.g. norms by the CEO.
mandatory Disciplinary action should be initiated Fire NOC, Environment Financial capacity is
conditions of against the officer not following the law NOC, Playground and will be
LOI reservation, Airport ascertained for all
authority NOC etc. projects.
conditions are relaxed
without verifying the 2. All norms as to fire consequences of his act NOC, environmental clearances, airport restrictions are strictly adhered to.
Relaxations as
regards building
constructions are
made only as per
clause 6.17 of
Regulation 33(10) of
the DCPR. These
relaxations are made
only to make the
scheme feasible with
reasons to be
recorded in writing.
3. On disciplinary
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
action against errant
officers, please refer
to the response in
Point 5(5) in Table
1.
11. In terms of Clause 1.15 of Appendix-VI Section 13 (1) of the As clause 1.15 of Appendix VI of A suitable After proviso appearing T-5 The State Government
section 13 (1) of of Regulation 33 (10) of Slum Act Regulation 33(10) of DCPR 2034 is not Amendment of in DCPR 33(10), will suggest the State
the Slum Act, a DCPR 2034 imposed a made applicable to the Government clause 1.15 of Appendix-VI clause Legislature to waive
private restriction on the Clause 1.15 of agencies, in a similar manner this clause Appendix-VI of 1.15, the following the consent
landowner gets unqualified preferentialAppendix-VI of should also be made inapplicable to the Regulation 33 second proviso may be requirement for slum
an unqualified right given to the Regulation 33 (10) landowners developing their property by (10) of DCPR considered to be inserted: rehabilitation schemes
right to submit a landowners to implement a of DCPR 2034 implementing Slum Rehabilitation 2034 to do away on privately - owned
Slum slum rehabilitation scheme. Scheme by exercising the preferential the requirement "Provided further that lands as well.
Rehabilitation Circular 144A rights envisaged under section 13(1) of the of obtaining nothing contained herein
scheme in Chapter IA of the Slum Act. requisite shall apply to Slum
respect of its This is because a landowner Section 158 of consents of slum Rehabilitation scheme
own property may not be able to obtain MRTP, 1966 dwellers when a being undertaken by
within a period requisite consents from the landowner is private landowners on its
of 120 days slum dwellers from his implementing own property or land in
from the date of property for various reasons the Slum terms of Section 13 (1) of
declaration including but not limited to Rehabilitation Chapter IA of the Slum
of the land as the malicious intent of slum Scheme. Act"
Slum dwellers to appoint a
Rehabilitation Developer of their own
Area. choice
The section does
not require
landowner to
obtain consent
of slum dwellers
and or society of
slum dwellers
for
implementing a
slum
rehabilitation
scheme.
However, under
Regulation
33(10) of DCPR
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
2034, clause
1.15 of
Appendix-VI
developer is
required to
submit consent
of 51% of slum
dwellers from
the property.
This condition
prescribed
under the DCR
of obtaining
slum dwellers'
consent for
implementing
Slum
Rehabilitation
Scheme often
impedes the
landowner's
preferential
right
(contemplated
under Section
13(2) of the
Slum Act) as
land owner may
find it difficult
to obtain
consents of slum
dwellers.
Failure to obtain
requisite
consents may
also result in
cancellation of
LOI which is as
good as
depriving the
landowner of his
valuable right of
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
enjoying the
benefits of
ownership of his
land.
12. As per Circular The cause of the problem is Circular 144 This problem can very well be addressed Yes. Necessary No. T-5 The SRA will impose
144 issued by on account of the fact that by laying down guidelines that will guidelines can strict deadlines for
SRA, a currently there are no require SRA departments to scrutinize the be laid down each department to
Developer is guidelines stipulated either proposals and issue letter of rejection / under Section finalize their remarks
required to under the statute or acceptance in a time bound manner. 3V of the Slum on proposals under
submit a regulation or circular that Act. Circular 144 and
proposal in a requires SRA department to 144A.
manner process proposals in a time
stipulated bound manner.
thereunder.
As per the Therefore, faulty proposals
prevailing though prima facie appear,
practice, a complete often kept under
Developer is consideration for
required to inordinately long period.
submit
Annexures-I to Such issues often result in
V along with its delay in implementing the
proposal. S.R. Scheme.
Such proposals More so, in view of the
are to be principles of law laid down
submitted with by our Court in various
the Chief Clerk judgments simultaneous
of SRA filing of proposals for same
who slum pocket is also barred.
thereafter
forwards Therefore, unless a proposal
proposal to filed is rejected after a
various scrutiny, no subsequent
departments for proposals can be
obtaining entertained.
necessary
NOCs.
This practice sometimes
It is upon block genuine proposals at
receipt of all the instance of malafidely
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
such filed prior proposals and
NOCs of 5 block the entire scheme.
departments, the
Executive
Engineer
analyses
/examines
proposals and
prepares Letter
of Acceptance /
Rejection of the
Proposals.
Currently, there
is no time limit
which requires
the SRA to
analyze
proposals filed
and
communicate its
decision
regarding
acceptance or
rejection of the
proposals.
This more often
than not
culminates into
delay in
implementing
the Slum
Rehabilitation
Scheme.
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13. It is under the Under the current statutory Clauses 1.14 and As per the current regulations, in the Appendix-VI of Appendix-VI of T-5 Please refer to the
current scheme provisions and as per 1.15 of Appendix- process of implementing a Slum Regulation Regulation 33(10) of response in Point 1 in
of things, a right Regulation 33(10) of DCPR VI of Regulation 33 Rehabilitation scheme, an absolute and 33(10) of DCPR DCPR 2034 will have to Table No. 3.
to appoint 2034, slum dwellers are (10) of DCPR 2034 complete right to choose a developer is 2034 will have be suitably modified to
Developer to vested with power to given to slum societies of slum dwellers to be suitably introduce the process of
implement the appoint a Developer. albeit with the approval of SRA. This modified to tendering, bidding and
Slum often results into infightings and inter se introduce the choosing of a developer.
Rehabilitation This power is often misused bidding between the Developers who are process of
Scheme as it is quite easy to preferred by two factions of slum dwellers tendering, In order to ensure that
is manipulate the loyalties of from the same society. Such method does bidding and participation of societies
entirely vested slum dwellers. not only create unhealthy competition and choosing of a in the process of
with majority of rivalry between two factions of same slum developer. appointing a developer is
slum Because of the exclusive society but also triggers various malafide either completely
dwellers right given to the slum means to achieve desired objectives. eradicated or minimized,
residing on a Societies which is often it is necessary that a
piece of plot misused many a times, third In order to ensure that participation of developer to implement
which is to be party developers interject / societies in the process of appointing a S.R Scheme is appointed
developed. interfere in the SR schemes developer is either completely eradicated directly by SRA (without
(by manipulating slum or minimized, it is necessary that a any intervention from
This often dwellers) to take over the developer to implement a piece and parcel slum dwellers) by
results in inter Project. of any land is appointed directly by SRA adopting fair and
se fighting (without any intervention from slum transparent bidding
amongst Such competition between dwellers) by adopting fair and transparent method. This is because,
factions of slum the Developers often results bidding method. This is because, it is it is immaterial for a slum
dwellers over in lengthy litigation that immaterial for a slum dweller developer if dweller if Developer A or
the choice of goes on for years altogether Developer A or Developer B is Developer B is
developer. thereby irreversibly implementing a Slum Rehabilitation implementing a Slum
prejudicing the legislative Scheme. Rehabilitation Scheme.
object behind the slum
This inter se schemes. Further, while adopting a method of Further, while adopting a
fighting very choosing a developer by direct bidding method of choosing a
often results process the following parameters can be developer by direct
into the kept in mind. bidding process the
proceedings for following parameters can
termination of Annexure-II of Slum Dwellers be be kept in mind.
developer. Due prepared by competent authority on an
to such application of a slum society seeking Annexure-II of Slum
proceedings, it rehabilitation. Dwellers be prepared by
is seen that slum competent authority on
schemes get A report of Executive Engineer SRA an application of a slum
completely setting out development potential and society seeking
derailed for other statutory requisites (such as title, rehabilitation.
years altogether access, FSI available and details of
owing to the Annexure II and PAPs to be generated) of A report of Executive
pendency of land to be redeveloped be formulated Engineer SRA setting out
litigation. before inviting bids and be included in and development potential
made a part of tender document to be and other statutory
published for inviting bids. requisites (such as title,
access, FSI available and
The report of Executive Engineer shall details of Annexure II
also refer to a list of NOCs of various and PAPs to be
departments to be obtained by a successful generated) of land to be
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bidder for the purpose of implementing the redeveloped be
scheme. formulated before
inviting bids and be
The terms and conditions of tenders must included in and made a
essentially highlight period of completion part of a tender document
of the project in a Phase wise manner to to be published for
ensure timely rehabilitation of slum inviting bids.
dwellers.
The report of Executive
Engineer shall also refer
to a list of NOCs of
various departments to be
obtained by a successful
bidder for the purpose of
implementing the
scheme.
The terms and conditions
of tenders must
essentially highlight
period of completion of
the project in a Phase
wise manner so as to
ensure timely
rehabilitation of slum
dwellers.
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
14. Deprivation of a Slumdwellers / societies of Indian Cork Mills vsThe preferential right of a private NO. Once a private T-3 1. The issue as
Landowner in slumdwellers/ occupants State oflandowner ought to translate into the landowner exercises the regards the
developing his unnecessarily create hurdles Maharashtra (2017 following: - right to redevelop his preferential rights
own land due to and hinder a Landowner SCC Online Bom own land, in addition to of the owners and
unnecessary from redeveloping his own 2744) The right that private property will not be that option first being the interplay
interference land, despite slumdweller's acquired by the State Government under offered to him as his between Section
from in most cases not having any Bishop John section 14 of the Slum Act unless all the right, by virtue of being 13(1) and Section
slumdwellers / title to the land but merely Rodrigues V/s State requirements of that section are met, and the landowner, there 14 is subjudice
society of being entitled to tenements of Maharashtra must be some additional before the Hon'ble
slumdwellers by virtue of their possessory (2024 SCC Online A positive right as a landowner to be tangible and procedural Supreme Court in
and occupants. rights. Bom 1632) granted the right of firs..t refusal to benefits which the the case of Bishop
redevelop the land and rehabilitate the landowner will get to John Rodrigues
slumdwellers in accordance with law. facilitate V/s State of
th Maharashtra.
In the case of land belonging to private e
landowners, the societies of slum implementation of the 2. As regards,
dwellers/occupants should have NO right object of the Slum Act, compensation
to appoint or not have say in appointing the i.e. to rehouse the slum under Section 17, a
developer to undertake the slum dwellers and to redevelop statutory
rehabilitation project, unless the his own land like amendment would
landowner expresses his inability to simplification of be needed.
undertake a Slum Rehabilitation Scheme procedure since it is
and till the land is acquired by the SRA exceedingly difficult for
under section 14 of the Slum Act. individual and private
landowners to redevelop
It is respectfully submitted that the their own properties.
sequence in which the option of Hence, positive steps
undertaking a redevelopment project on ought to be taken and
private land ought to be as explained prescribed which will act
hereunder: - as an incentive to private
landowners to participate
The first option should be given to the in slum rehabilitation
landowner himself to undertake the projects on private land.
redevelopment project, either, by himself, These may be in the form
or by appointing a developer of his choice of statutory amendments
who will undertake the redevelopment or regulations, as may be
project on his behalf. Needless to state, thought appropriate.
there must be adequate safeguards to
ensure that all eligible occupants whose Section 17 of the Slum
names appear in Annexure II will get the Act should be amended
tenements on redevelopment. It is to provide that the
necessary to give a complete go by to the compensation under sec
right which the Occupants/ Slumdwellers 17 should be calculated
have to appoint a developer when the in accordance with the
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
landowner himself is willing to redevelop Right to Fair
his own land, either, by himself or by Compensation and
getting it implemented on his behalf. This Transparency in Land
is because the involvement and Acquisition,
participation of the society of Rehabilitation and
Slumdwellers/Occupants gives rise to a lot Resettlement Act, 2013.
of practical problems, litigations and
disputes between competing rival builders who want to profiteer from the redevelopment and not to rehouse the Slumdwellers/Occupants and this invariably results in the slum rehabilitation project being delayed.
Hence, it is respectfully submitted that the Body/Society of Slumdwellers/Occupants should have neither a right to appoint a developer nor any say in appointing a developer if the redevelopment is undertaken by the landowner either, by himself, or by appointing a developer of his choice.
It is only when the landowner communicates his unwillingness or inability to undertake redevelopment of his own land, either through himself or through a developer who he will appoint, should other modes and options of redeveloping the land be explored. In such a situation, the land should be acquired under Sec 14 of the Slum Act, after the SRA has identified who or which agency will undertake the redevelopment of the slum, and, its manner and terms. The SRA may at this stage consider whether any developer brought forward by the Body/Society of Slumdwellers/Occupants is suitable to undertake the Slum Redevelopment project. The acquisition under Sec 14 must only take place on the landowner receiving his full compensation from the person who will undertake the Slum Redevelopment project and redevelopment, unless otherwise agreed.
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
Hence receipt of full consideration by the
landowner and divesting the landowner of
his title must take place simultaneously and in one go. If the full compensation to be received by the landowner is not to be received by the landowner in its entirety before acquisition under sec 14, but in accordance with sec 17(2) of the Slum Act, then there must be adequate safeguards to ensure that landowners are not divested of their title till they receive the full compensation, irrespective of whether such compensation is to be received in area on construction, money, or, both.
Lastly, on this aspect, it is respectfully submitted that the quantum of compensation which a landowner receives is unrealistically low. It is respectfully submitted that the State Government should take cognizance of this and review and amend Sec 17 of the Slum Act so as to ensure that the quantum of compensation which a landowner receives on acquisition of his land is fair, realistic and commensurate with land prices in Mumbai. One option is to provide that the compensation under sec17 should be calculated in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
15. Unfair practice At present, the S. R Scheme That the slum dwellers of the area should T-9 Please refer to the adopted while starts from calling a Special come together, by calling SGBM for response in Point 4 in appointment of General Body Meeting [In formation of Society, for the purpose of Table No. 3.
Developer. short 'SGBM'], which is implementation of S. R. Scheme. No
mostly Developer Developer should be appointed in this
sponsored and chaired by SGBM.
their associates and in this
1st Special GBM required In case, the slum dwellers do not come
resolution are passed as forward, then SRA should identify such
under: slum areas and give some time period [say
180 days] to form Society and apply to
agreeing to form a Society, SRA for implementation of the S. R.S and
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
for implementation of S. R. In case of failure, SRA should proceed
Scheme; with the Scheme, by appointing some
competent Developer by following Tender
appointment of Chief process;
Promoter and Promoter and
giving authority to them to On the basis of said SGBM, the Society
sign documents on behalf of should write to SRA;
Society,
Co-operative Department of SRA should
appointment of Developer, get the Society Registered immediately
appointment of Architect, and in any case, prior to granting
approvals for the Scheme;
Then on the basis of this
Resolution passed in 1st Simultaneously, SRA should call for
SGBM, proposals are Tender from prospective Developers
submitted with SRA and [atleast 05 Developers] within a stipulated
then approvals are obtained. time period, by giving wide publication;
On the basis of this SGBM, On the basis of Tenders received from
statutory and mandatory prospective Developers, SRA shall
51% consent of slum scrutinize the same and then call for
dwellers [earlier 70% SGBM of the Society, which shall be held
consent] are claimed before in presence of Authorized Officer of SRA,
SRA. who should allow only genuine slum
dwellers to participate, after verification;
It is pertinent to note here is that thereafter, the Society In the SGBM, the Authorized Officer of remains 'Proposed Society' SRA will explain the S. R. Scheme, that means all initial including rights of the slum dwellers and approvals are granted in put before the General Body the various favour of Proposed Society, Proposal received from prospective without even getting the Developers and then appoint a Developer, Society Registered under on the basis of majority decision [i.e. 51% Maharashtra Co-operative or more]. The entire meeting should be Societies Act [in short video recorded.
'Societies Act']. In other words, due to non -
registration of the Society, provisions of Societies Act and the remedies provided therein does not apply to such Proposed Society.
However, it is important to
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
note that apart from the fact
that said SGBM, is mostly
sponsored by Developer and
chaired by his associates.
Other drawback in this
process is that this SGBM is
not held in the presence of
any Officer of SRA,
therefore, there is no
mechanism to verify
participation of genuine
slum dwellers in such
meeting and thus, the
decision making process can
also easily be manipulated.
Apart from the fact that, it is
not an informed decision,
and poor slum dwellers,
mostly uneducated, put their
signature under the
influence of Developer and
his Associates, who hold
such meetings. In most of
the cases, it is seen that
signatures of slum dwellers
are taken while entering for
SGBM or by asking them to
sign for attendance and then
the same are shown as their
consent for the S. R.
Scheme.
The above process is not
only filled with flaws, but
also results in disputes and
multiplicity of litigation.
16. Qualification of Most of the S.R. Scheme Financial health of Developers and their T-9 1. Please refer to the
Developer to be which are stalled for years experience: response in point
appointed for S. and years together, is due to In case of project involving more than 150 No.1 in Table 4.
R. Scheme: Developer's financial slum dwellers, only those
incapability and lack of Developer/Builder having minimum 2. The SRA has
expertise to implement the experience of past development or already issued an
S. R. Scheme. In many redevelopment for atleast 03 years, should office order dated
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
cases, it is also seen that the be appointed; 23rd March, 2015
Developers are appointed in which levies a 5%
S. R. Project having no Financial health (including capital, assets, fee for change in
experience in borrowings and balance sheet of last 05 composition of
redevelopment projects and years), should be verified by SRA. developer. This
after initial appointment and office order has been
obtaining LOI, they have Bank Guarantee: effective and has
traded with the S. R. Project, also been upheld by
by giving it to some third Factors such as- (i) number of slum the Bombay High
party Developer, thereby, dwellers to be rehabilitated; (ii) size of Court.
substantially affecting the land; (iii) cost of land; and (iv) time frame
progress of the Scheme. It is of completion of project etc, must be taken 3. As regards the
also seen that the appointed into consideration for fixing quantum of suggestion on
Developer enters into 'Bank Guarantee'. This must be made barring developers
financial arrangement with invocable by SRA, when the S. R. Project who have been
third parties, again is delayed. As a safety valve, this B.G. terminated under
compromising with the shall safeguard the rights of slum dweller Section 13(2), please
Scheme. Thus, the Scheme (in case transit rent and corpus fund not refer to the response
today is profit driven, than paid). This shall also filter-out the in this regard set -
welfare driven. undeserving Developers, who enter into out above.
the Scheme for generating profit and
At present, in the name ultimately transfers / sells the S. R. Project
of checking Financial Status to other Developer for commercial
of the Developer, only a exploitation. This shall, at the first place,
certificate from Developer's avoid entry into S. R. Scheme to
Chartered Accountant undeserving Developers / Builders or
[C.A.], is taken by SRA, Proxy Developers.
without actually verifying
Developer's Financial Developers should be prohibited to enter
Status. into any Joint Venture Agreement with
Bank Guarantee [B.G.] - third party Developer, without prior
There is no accountability of approval of Society and SRA. Any such
financial soundness and arrangement or Joint Venture should be
future stability. No Bank considered non-est and not binding on
Guarantee are insisted from SRA and / or Society and shall not give
the Developers. any claim of whatsoever nature in the
Scheme.
No Developer against whom already 13(2)
proceedings is pending before SRA or
13(2) Order passed, shall be appointed as
Developer, for any other Scheme.
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
17. Prolonged The office bearers of the The Slum dwellers society managing Yes Provisions in this regard A-10 The SRA has, on 23rd
disputes Slum dweller's society committee / promotors be automatically be incorporated in the April, 2024, issued
regarding including promotors are dissolved for each 3 years and the existing Slum Act. Circular 144D. Under
appointment mostly works under the members of the said managing the said circular, the
process influence of the developer committee/promotors should not be meeting for
and new rival developers. allowed to recontest and the new Slum appointment of the
Due to which, the dispute dwellers should be appointed to the same. developer is called by
regards to the process of the AR department of
appointment of the the SRA. A record of all
developer is prolonged and persons attending and
has to face various voting at this meeting is
litigations and thereby the also maintained and it is
SR Schemes are prolonged videographed. This
and delayed and the measure addresses the
competition between the issue of formation of
developers rises. Further, rival societies as now
consequently, rise of the SRA has a record of
separate groups of Slum all persons voting
dwellers are created during the appointment
of the developer, which
was earlier absent.
18. Selection of a Town Planning 1. Once the third verification stage is A-11 1. The RERA applies
developer Scheme (TPS), cleared, the SRA will start to real estate
feasibility and other studying/deciding the viability of the slum projects, which, by
defined parameters; schemes on each plot. The agency of each definition, mean
E-auction processes plot shall verify the viability report. development or
implemented in 2. Defining slum POCKETS based on conversion for the
telecom, coal sector, Town Planning Scheme (TPS), feasibility purpose of selling.
NHAI etc. and other defined parameters. Similarly, Section
3. Non-viable small plots shall be 3(2)(c) of the
RERA Act, 2016 compulsorily clubbed with the viable slum RERA excludes
has been enacted to plots, as a condition. redevelopment
bring 4. Plots having reservations will be projects which do
standardisation, compulsorily clubbed with the viable not involve
accountability, plots, as a condition. marketing,
professionalism, 5. Authority will club occupants of a non- advertising and/or
and transparency in viable plot or reservation plot with selling, as was also
the real estate adjoining or other slum plots. ruled by the
sector. It isa 6. The slum pockets will be finalized MahaRERA in
complete code. strictly as per the TPS norms, issues of 2022. Thus, the Section-88 getting right of way etc will not arrive in scope of both the makes the RERA future. Also, the development will be done Acts is different.
Act overriding in a well-planned manner. Specifically, it
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
effect over all prior 7. Eligibility of structure (in addition to does not apply to
laws. Still, multiple occupant's eligibility) shall also be rehabilitation
regulators regulate considered while deciding any benefit of projects.
the real estate sector the Slum Scheme. Non-eligible or new including SRA for structures after the present cut-off date of 2. As per Section 88 slum schemes. A the year 2000 shall NOT be counted while of the RERA, large no. of projects calculating plot density based on provisions of the got stalled. This is structures. So new illegal structure RERA are in causing great construction will be discouraged addition to, and not injustice and losses permanently. in derogation of, to the ultimate 8. Split structure i.e. division of one the provisions of stakeholders for no existing structure into two new structures any other law for fault on their part shall be discouraged· by treating multiple the time being in and structures as one as per the cut-off date of force" which frustrating/defeating year 2000. means that no law the objectives of 9. Structures on the first floor or which are will be subsumed RERA. RERA Act not properly independent separate purely for being in already has effective structures shall be excluded. the same area of provisions u/s 6 for 10. All surveyed structures who are held the RERA, that is an extension if the non-eligible; shall be held eligible to apply real estate. project remains for allotment of units in rental housing on incomplete after the a lease basis. 3. Since the scopes of expiry of the 11. Accordingly, the Authority will the Slum Act and validity of the prepare and identify a slum pocket eligible RERA are registration, for auction, the same will be reflected on mutually revocation of the government website for its auction. exclusive, the registration u/s 7, E- auction processes implemented in RERA does not completion of an telecom, coal sector, NHAI etc have have an overriding incomplete project successfully dealt with many connected effect over the whose registration is irregularities and issues. So, it is the right Slum Act. lapsed or revoked u/s time to auction viable slum schemes.
8. 12. The auction program must be initiated 4. On proposed after thorough independent scrutiny of measure 1 to 6, in slum pocket, market conditions. cases where the
13. The eligible interested developers can owners have failed submit their offers to the government or projects have auction website. been stalled, the
14. A specific program for all slum SRA is considering pockets must be made to make Mumbai issuance of tenders slum-free in a time bound manner with a for ward - wise permanent mechanism for monitoring and clusters of slum review. pockets for which
15. The eligibility of developers will be the developer will decided by the authority on grading based be appointed Page 331 67 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:09 ::: Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and No. problem Statutory Proposed Reforms Suggestions of the identified Section(s), Measure / SRA Regulation(s), Solution Rule(s), requires Circular(s), amendment of Guideline(s) and / law by or Judgment(s) Legislature on scientific criteria through professional through e- rating agencies including credit rating tendering. Please agencies after thorough scrutiny. also refer to the
16. Eligibility shall include financial and response in Point non-financial but critical parameters. 1(2) in Table 1.
17. Independent certified eligible engineers shall be given preference on 5. On eligibility of some criteria in the auction of slum slum structure and pockets allotment for development. slum dweller,
18. One developer shall be entitled to bid please refer to the for one or more pockets. response in point
19. One developer shall be entitled to 2(3) in Table 2. apply for one or more adjoining pockets and merge them. 6. Declarations under
20. The premium received on auction shall Section 3C and 4 be divided to (1) land owners whether Pvt are based on or govt; (2) SRA; (3) Infrastructure scientific criteria.
development fund of the local authority
(4) viability gap fund for non-viable plots 7. The status of
(5) government. structures is
21. The slum plots which are completely verified as on the
non-viable shall get funds from the cut - off dates
viability gap fund. However, the slum under the Slum
dwellers shall be liable to make equal Act.
contributions if they wish for in-situ
rehabilitation. 8. On ground + 1
22. In case of totally non-viable slum plots structures, please
the occupants shall not be entitled to in- refer to the
situ rehabilitation. response in Point 2
23. In case of a plot required for critical of Table 1.
infrastructure or purposes, the occupants shall not be entitled to in-situ 9. There is no policy rehabilitation. on rental housing.
24. The successful bidder will not be permitted to vacate or develop in phases. 10. On proposed It shall be for the entire block or merged measures 11 to 13, blocks at a time. in cases where the
25. The successful bidder will be required owners have failed to prepare and submit drawings or designs or projects have of layout, and buildings with payment for been stalled, the scrutiny fees. SRA is considering
26. All authorities who have to issue any issuance of tenders remark/NOC/ approval/ permission etc for ward - wise will be connected on the same website and clusters of slum Page 332 68 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:09 ::: Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and No. problem Statutory Proposed Reforms Suggestions of the identified Section(s), Measure / SRA Regulation(s), Solution Rule(s), requires Circular(s), amendment of Guideline(s) and / law by or Judgment(s) Legislature they have to take action on the submission pockets for which of a proposal by the successful bidder. the developer will Developers will not be required to make be appointed separate applications for approvals. through e-
27. As soon as the layout proposal tendering.
submitted by the successful bidder IS sanctioned and scrutiny fees paid, the 11. The SRA will authorities shall start scrutinizing the consider framing a proposal and issue approvals where specific program complete building plans are not required. for all slum
28. The SRA will no longer be a pockets.
sanctioning authority. MCGM. will be a single sanctioning authority for building 12. On proposed proposals. measures 15 to 17,
29. MCGM will issue 1OD on payment of please refer to the applicable premiums by the successful response in point bidder. 1(3) above.
30. On receipt of the IOD, the successful bidder shall deposit amounts towards 13. On proposed transit rent for all slum dwellers initially measures 18 and for six months with SRA. This will be the 19 this is already first condition for granting development allowed. rights to the successful bidder.
31. If the successful bidder fails to comply 14. On proposed with applicable terms, the auction shall be measures 20 and conducted freshly. 21, the State
32. As soon as a demand notice for Government will depositing the amount is issued by the consider whether MCGM to the successful bidder after devolution of scrutiny of its proposal; transit rent is funds requires any issued, the agency for the pocket shall change. The State issue a vacating notice to all slum dwellers Government of the pocket within 15 days. Bank A/c cannot make in-
details would have been already entered situ rehabilitation
by the occupant while making public data contingent on
entry. payment as this
33. Irrespective of whether eligibility is will create two
declared or not or disputed, every classes of persons.
occupant must hand over his structure to
the agency for the pocket for its 15. On proposed demolition within 15 days of notice. Since measure 22, please all details would have been entered and the refer to the survey is already done, there would be no response in point risk for the occupant to vacate his 4(1) in Table 4.
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
respective structure. Eligibility disputes 16. On proposed can be decided at any time based on such measure 23, these data. are already being
34. If not vacated, the agency will inform implemented as the local police who shall forcefully vacate vital public the occupant and shift to rent housing purpose projects. schemes, whose rent will be paid by the Developer. A dedicated cell for this 17. On proposed purpose shall be created by the Police measure no. 24, Authorities. eviction and
35. Basic rights and voting rights of non- demolition in cooperative slum dwellers shall stand phases has to be suspended till he has vacated their allowed to allow respective structures. some flexibility to
36. Non-eligible slum dwellers of an the developer. eligible structure can apply for a lease of rental housing premises whose premium 18. On proposed will be partly paid by the Developer and measures 25, 26 partly by non-eligible slum dwellers. The and 27, the same lease premium shall be equal to the is already construction cost of such units less taxes. implemented. Govt will provide interest subsidies on Additionally, all home loans to such slum dwellers. the plans are
37. Eligible slum dwellers will be allotted approved through premises in a proposed rehab building on an online system a lease basis. Since then he shall be and are hence, considered an allottee within the meaning available to of section-2(d) of the RERA Act. This citizens.
lease will be transferable on payment of
the premium. Thus, the ownership of 19. On proposed
rehab units will always remain with the measures 28 and
Govt. 29, whether the
38. Demolition will be carried out by the SRA grants the
agency appointed and will submit the approvals or the
report to the Authority on the Website. BMC grants
The same will be surveyed by approvals, the
Satellite/Drone and a certificate to that outcome is the
effect will be issued recommending same. However,
issuance of CC. the SRA must
39. On vacating the plot, the successful have control over
bidder shall deposit rent for the remaining this function for
redevelopment period for eligible slum slum schemes.
dwellers. Thereupon, cc will be issued.
This shall be the next condition for the 20. On proposed
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
grant of development rights to the measure 30,
successful bidder. Circular 210 is
effective.
21. On proposed
measures 32 and
33, eviction
cannot be linked
to payment of
rent but has to be
linked to non-
compliance of
clearance orders
under Section 12.
22. On proposed
measures 34, 36
and 37 please
refer to the
response in point
18(7) in Table 3.
23. On proposed
measure 35,
please refer to the
response in point
19(4) in Table 2.
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
19. Appointment of Given the problems in Circular No. 80 and One method to A-17 1. The process
developers creation of societies, there is 148 issued under ensure stipulated under
therefore a question as to the Regulation 33(7) transparency in Circular 144D of the
manner in which developers prescribing the appointment SRA is an efficient
are appointed minimum criteria of developers is process. The
for appointment of to ensure a suggested measure
developers competitive of the society
bidding process. floating tenders will
further delay
Once a Slum projects.
Society is
formed the 2. As regards the
Society should suggestion
be required to concerning
submit formation of
competitive guidelines for
tender and floating tenders and
forward the criteria for selecting
same to the developers is being
Authority. considered.
SRA/State
Govt.
can specify
guidelines for
eligibility of
developers and
the tender
process. Bid
should include
proposed
rent,
timelines
for project
completion etc.
Once a
developer is
selected by the
society, the
same can be sent
to the SRA for
verification and
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
confirmation as
is currently
done.
20. Unfair practice At present, the S. R Scheme Guidelines of S.R. (a) That the slum dwellers of the area T-10 Most of the concerns
adopted while starts from calling a Special Scheme provides should come together, by calling mentioned are
appointment of General Body Meeting [In the procedure by SGBM for formation of Society, for addressed by
Developer. short 'SGBM'], which is which Developers the purpose of implementation of S. Circular 144D. The
mostly Developer are appointed for R. Scheme. No Developer should be meeting shall be
sponsored and chaired by implementation of appointed in this SGBM. conducted and
their associates and in this S.R. Schemes and In case, the slum dwellers do not supervised
1st Special GBM required their by come forward, then SRA should exclusively by the
resolution are passed as appointment identify such slum areas and give SRA. The
under: procedure some time period [say 180 days] to participation of all
(a) agreeing to form a mentioned therein. form Society and apply to SRA for slum dwellers in the
Society, for implementation of the S. R. Scheme meeting shall be
implementation of S. and In case of failure, SRA should recorded by
R. Scheme; proceed with the Scheme, by maintaining the
(b) appointment of Chief appointing some competent biometrics of the
Promoter and Developer by following Tender persons
Promoter and giving process; participating.
authority to them to (b) On the basis of said SGBM, the
sign documents on Society should write to SRA; The parameters of
behalf of Society, (c) Co-operative Department of SRA the scheme and the
(c) appointment of should get the Society Registered qualifications of the
Developer, immediately and in any case, prior to developer will be
(d) appointment of granting approvals for the Scheme; explained to all
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
Architect, (d) Simultaneously, SRA should call for participants by the
(e) Then on the basis of Tender from prospective Developers SRA. After
this Resolution passed [atleast 05 Developers] within a explaining the
in 1st SGBM, stipulated time period, by giving wide aforesaid, a voting
proposals are publication; will be conducted
submitted with SRA (e) On the basis of Tenders received from under the supervision
and then approvals are prospective Developers, SRA shall of the SRA.
obtained. On the basis scrutinize the same and then call for
of this SGBM, SGBM of the Society, which shall be
statutory and held in presence of Authorized
mandatory 51% Officer of SRA, who should allow
consent of slum only genuine slum dwellers to
dwellers [earlier 70% participate, after verification;
consent] are claimed (f) In the SGBM, the Authorized Officer
before SRA. of SRA will explain the S. R. Scheme,
including rights of the slum dwellers
It is pertinent to note and put before the General Body the
here is that thereafter, the various Proposal received from
Society remains 'Proposed prospective Developers and then
Society' that means all appoint a Developer, on the basis of
initial approvals are granted majority decision [i.e. 51% or more].
in favour of Proposed The entire meeting should be video
Society, without even recorded.
getting the Society
Registered under
Maharashtra Co-operative
Societies Act [in short
'Societies Act']. In other
words, due to non -
registration of the Society,
provisions of Societies Act
and the remedies provided
therein does not apply to
such Proposed Society.
However, it is important to
note that apart from the fact
that said SGBM, is mostly
sponsored by Developer and
chaired by his associates.
Other drawback in this
process is that this SGBM is
not held in the presence of
any Officer of SRA,
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
therefore, there is no
mechanism to verify
participation of genuine slum
dwellers in such meeting and
thus, the decision making
process can also easily be
manipulated.
Apart from the fact that,
it is not an informed
decision, and poor slum
dwellers, mostly
uneducated, put their
signature under the
influence of Developer and
his Associates, who hold
such meetings. In most of
the cases, it is seen that
signatures of slum dwellers
are taken while entering for
SGBM or by asking them to
sign for attendance and then
the same are shown as their
consent for the S. R.
Scheme.
The above process is not
only filled with flaws, but
also results in disputes and
multiplicity of litigation.
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
21. Qualification of Most of the S.R. Scheme There is no specific a. Financial health of Developers and T-10 Please see response in
Developer to be which are stalled for years provision either in their experience: Table 4.
appointed for S. and years together, is due to Slum Act or rules (i) In case of project involving more
R. Scheme: Developer's financial made there under than 150 slum dwellers, only those
incapability and lack of regarding Developer / Builder having
expertise to implement the qualification of minimum experience of past
S. R. Scheme. In many developer to be development or redevelopment for
cases, it is also seen that the appointed in S.R. atleast 03 years, should be
Developers are appointed in Scheme. appointed;
S. R. Project having no (ii) Financial health (including capital,
experience in assets, borrowings and balance sheet
redevelopment projects and of last 05 years), should be verified
after initial appointment and by SRA.
obtaining LOI, they have b. Bank Guarantee:
traded with the S. R. Project, Factors such as- (i) number of slum
by giving it to some third dwellers to be rehabilitated; (ii) size
party Developer, thereby, of land; (iii) cost of land; and (iv)
substantially affecting the time frame of completion of project
progress of the Scheme. It is etc, must be taken into consideration
also seen that the appointed for fixing quantum of 'Bank
Developer enters into Guarantee'. This must be made
financial arrangement with invocable by SRA, when the S. R.
third parties, again Project is delayed. As a safety valve,
compromising with the this B.G. shall safeguard the rights of
Scheme. Thus, the Scheme slum dweller (in case transit rent and
today is profit driven, than corpus fund not paid). This shall also
welfare driven. filter-out the undeserving
At present, in the name Developers, who enter into the
of checking Financial Status Scheme for generating profit and
of the Developer, only a ultimately transfers / sells the S. R.
certificate from Developer's Project to other Developer for
Chartered Accountant commercial exploitation. This shall,
[C.A.], is taken by SRA, at the first place, avoid entry into S.
without actually verifying R. Scheme to undeserving
Developer's Financial Developers / Builders or Proxy
Status. Developers.
Bank Guarantee [B.G.] - c. Developers should be prohibited to
There is no accountability of enter into any Joint Venture
financial soundness and Agreement with third party
future stability. No Bank Developer, without prior approval of
Guarantee are insisted from Society and SRA. Any such
the Developers. arrangement or Joint Venture should
be considered non-est and not
binding on SRA and / or Society and
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Sr. Specific Issue / Cause of the problem Relevant existing Proposed Measure / Solution Whether Proposal for Legislative Reference Views and
No. problem Statutory Proposed Reforms Suggestions of the
identified Section(s), Measure / SRA
Regulation(s), Solution
Rule(s), requires
Circular(s), amendment of
Guideline(s) and / law by
or Judgment(s) Legislature
shall not give any claim of
whatsoever nature in the Scheme.
d. No Developer against whom already
13(2) proceedings is pending before SRA
or 13(2) Order passed, shall be appointed
as Developer, for any other Scheme.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUO MOTO WRIT PETITION NO. 1 OF 2024 IN RE: PERFORMANCE OF AUDIT OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT, CLEARANCE AND REDEVELOPMENT) ACT, 1971.
...Petitioner Versus THE STATE OF MAHARASHTRA & ORS.
...Respondents SUGGESTIONS FOR APPORTIONMENT OF SLUM LAND BETWEEN REDEVELOPMENT AND SALE AREA Page 342 78 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:11 ::: PA Sr. Specific Issue / Cause of the problem Relevant Proposed Measure / Solution Whether Proposal for Reference Views and Suggestions of the No. problem existing Proposed Legislative Reforms SRA identified Statutory Measure / Section(s), Solution Regulation(s), requires Rule(s), amendment of Circular(s), law by Guideline(s) Legislature and / or Judgment(s)
1. The Slum Act, The apportionment of land Regulation 33 Taking into account all the factors No measures - T-7 Slum rehabilitation projects and the between rehabilitation (10) iterated in the previous column (which required. operate under multiple provisions of buildings and sale buildings are not uniform or predictable in each constraints. Every plot is DCPR 2034, do is essentially wholly slum scheme), the layout of the slum differently placed as they differ on not provide for dependent and based on the scheme is finalized by a developer. multiple points such as:
any formula or development planning of a Considering these factors, the Slum basis for particular slum. The Act and the DCPR 2034, permits the 1. Tenement density apportionment development planning of a developer to design the layout and 2. DP Reservation, of land between slum i.e., nature of decide the apportionment of layout 3. Buffer for infrastructure rehabilitation construction to be carried between rehabilitation buildings and projects, buildings and sale out, FSI that may be utilized, sale buildings. 4. Safety zones, etc. buildings. number of buildings, height of buildings etc. Such After this, the net buildable plot planning is dependent on It is submitted that having any fixed size stands drastically reduced. The developers various factors such as (a) ratio or apportionment will create Therefore, to come up with a enters into a slum location of the land; (b) inflexibility and make the slum blanket apportionment basis the scheme for shape of the land; rehabilitation scheme unfeasible and gross plot area would be difficult. construction of (c) permissible height for unviable. rehabilitation construction; The SRA will consider if component in lieu (d) width of the road abutting The flexibility is permitted so as to amendments to the DCPR 2034 are whereof the the land; (e) DP reservations; enable the developer to construct the required to specify a minimum developer is (f) slum density; (g) such rehabilitation component and at the percentage of the net plot area entitled to the other physical constraints, etc same time have sufficient free sale area (remaining after deducting all development (h) nature of title of land to finance the construction of reservations and buffers, etc.) that potential of the (ownership, title issues, etc). rehabilitation area. Hence, has to be apportioned for the rehab free sale There cannot be a straight apportionment of land would not be component.
component jacket formula applied to all practically feasible for effective . The slum slum schemes as each slum implementation of a slum scheme.
dwellers under schemes faces various
the slum peculiar challenges. The main In any event, even rehabilitation
rehabilitation issue is the scarcity of land. building is required to be constructed
scheme are This is usually due to rampant in accordance with the building
entitled to their construction of illegal specifications and planning
respective structures/encroachments requirements laid down under the
rehabilitation which are highly dense DCPR 2034, which includes
tenement as providing the requisite open spaces,
prescribed from marginal open spaces. Furthermore,
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Sr. Specific Issue / Cause of the problem Relevant Proposed Measure / Solution Whether Proposal for Reference Views and Suggestions of the
No. problem existing Proposed Legislative Reforms SRA
identified Statutory Measure /
Section(s), Solution
Regulation(s), requires
Rule(s), amendment of
Circular(s), law by
Guideline(s) Legislature
and /
or
Judgment(s)
time to time and as DCPR 2034, provides for
well as rent till the construction of amenities such as
time they are Anganwadi, health centre / outpost,
rehoused community hall/ gymnasium/fitness
centre, skill development centre,
women entrepreneurship centre, yuva
kendra/library, society office and
religious structures in the manner
specified in Clause 8 of Regulation
33(10) of DCPR 2034. Hence, the
rehabilitation buildings are to be
constructed in accordance with the
DCPR 2034, and amenities as
stipulated are to be provided for the
rehabilitation buildings.
Furthermore, any increase in land
apportioned to rehabilitation buildings
will also entail substantial increase in
the maintenance cost of the
rehabilitation buildings and land
appurtenant for the slum dwellers.
It may be noted that there are other
similar developments which involve
sharing of built up-area such as
development of lands owned by
MHADA under Regulation 33(5) of
DCPR 2034, or land owned by co-
operative societies, which are being
implemented on a large scale in
Mumbai. In aforesaid developments as
well, there is no stipulation of
apportionment of land area between
MHADA/MHADA's tenant buildings
and sale buildings.
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Sr. Specific Issue / Cause of the problem Relevant Proposed Measure / Solution Whether Proposal for Reference Views and Suggestions of the
No. problem existing Proposed Legislative Reforms SRA
identified Statutory Measure /
Section(s), Solution
Regulation(s), requires
Rule(s), amendment of
Circular(s), law by
Guideline(s) Legislature
and /
or
Judgment(s)
2. Slum Rehabilitation densities: DCR 33(10) of All redevelopment sites whether in-situ Amendment to T-6 In slum areas, the tenement
rehabilitation density norms in any city are the Development rehabilitation or resettlement must the DCR 33(10) density is very high. In some
schemes have based on maximum limits. Control and conform to the National Building Code of the cases, it is nearly 850 tenements/
become slum SRA projects prescribe Promotion (NBC) 2016 (Part 3, section C-2.4.2) Development hectare. The Slum Act requires all
replacement minimum densities - and Regulations specification of a maximum 500 Control and eligible slum dwellers to be
schemes or slum almost all slum rehabilitation (DCPR) dwelling units per net hectare (that is, Promotion rehabilitated in situ as per DCPR
relocation projects have two to three plot areas for buildings, excluding area Regulations 33 (10), Reg. 3.12A. Specifying
schemes - moving times the densities of other of land used for amenities). These (DCPR). maximum density will require
people from residential layouts and norms must be universally applied, and some slum dwellers to be
horizontal into sometimes more than twice not a scheme-by-scheme basis. rehabilitated on another plot. This
vertical slums. the residential densities of will lead to creation of two
slums. Furthermore, it is categories of slum dwellers that
almost routine for the CEO of are otherwise, same before the
SRA to allow "relaxations" eyes of law. Additionally, it will
over and above these pose several practical hurdles for
compromised standards to the SRA to categorize slum
make projects "viable" for dwellers. The SRA will consider
developers. Such a practice of formulating a policy to curb
condonation is harmful for vertical slum - like conditions.
two reasons: (1) it reduces the
overall well-being of citizens
by reducing the quantum and
quality of public goods in the
locality; (2) it creates
opportunities for rent-seeking
by creating a
regime of exemptions.
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Sr. Specific Issue / Cause of the problem Relevant Proposed Measure / Solution Whether Proposal for Reference Views and Suggestions of the
No. problem existing Proposed Legislative Reforms SRA
identified Statutory Measure /
Section(s), Solution
Regulation(s), requires
Rule(s), amendment of
Circular(s), law by
Guideline(s) Legislature
and /
or
Judgment(s)
3. Creation of Distance between buildings: DCR 33(10) of The airspace between buildings is Amendment to T-6 1. The SRA will consider
vertical slums The by-laws allow the the Development crucial to ensure adequate light and the DCR 33(10) appointing a neutral and
through SRA distance between adjacent Control and ventilation particularly on the lower of the independent expert with
scheme: The buildings of 32 meters height Promotion floors of buildings. There should be no Development required technical expertise for
adverse to be as little as 6 meters (the Regulations departure from Mumbai's earlier norm Control and every scheme to ensure that
consequences on NBC-2016 prescribes a (DCPR) of the gap-between-buildings to height- Promotion rehab tenements are reasonably
health and well- minimum of 10 meters of-buildings ratio of 1:2, which is Regulations habitable and the plot has all
being of residents around the building or 20 already less than required by NBC- (DCPR). amenities as per the DCPR
living in meters between adjacent 2016. This norm must be adopted for all 2034.
overcrowded buildings). redevelopment projects - and there
rehabilitation should be no exceptions made on 2. As regards changing the buildings deprived account of planning constraints or distance between the buildings, of light and project viability. the same will require an ventilation has amendment to the DCPR - 2034.
been well The SRA will consider
documented in appointing a neutral and
technical studies. independent expert with
required technical expertise to
see if the DCPR 2034 requires
amendments.
4. Inadequate and Open spaces and amenities: DCR 33(10) of Neighborhood and residential open amendment to T-6 1. After carving out unbuildable
discriminatory Provision of open spaces and the Development spaces and amenities must be specified the DCR 33(10) reservations such as roads,
provision of open recreation grounds in slum Control and on a per-capita basis rather than as a of the drains/ nullahs, public open
spaces and rehabilitation schemes are Promotion percentage of land area or built-up area. Development spaces from the slum plot, the
amenities seen as a cause of hardships Regulations The NBC 2016 (Part 3, section 5.5) Control and available buildable area is
on developers rather than the (DCPR) specifies a 1 neighborhood play area of Promotion considerably reduced. To
rights of citizens. The DCPRs 1.5 Ha for 15,000 people and 1 Regulations overcome this, the SRA will
demand open space provision residential unit play area of 0.5 Ha for (DCPR). apply to the State Government
of 15 to 25 percent depending 5,000 people. This comes to minimum seeking appropriate change of
on plot area, but in many SRA 2.7 Ha of open space for 3,000 reservation so as to enable
projects open space households or 2 sqm of open space per interchanging of open spaces/
requirements are person. Other amenities such as amenities between multiple
compromised and condoned dispensaries, pre-primary schools, slum pockets at a single location
by the SRA on the grounds of primary schools, secondary schools, or undertaking cluster
planning constraints. In fact, community rooms, etc should be based development in the same/
the Section 6 of Regulation on the NBC 2016. The rehabilitation adjoining ward so as to have
33(10) allows open spaces to authority must ensure that adequate better utilization of amenities.
be reduced up to just 8% of norms as established for open spaces
site area in case the relaxation and amenities are not compromised at 2. Additionally, the SRA will is required "to make the any cost, and there should be no apply to the State Government Page 346 82 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:11 ::: PA Sr. Specific Issue / Cause of the problem Relevant Proposed Measure / Solution Whether Proposal for Reference Views and Suggestions of the No. problem existing Proposed Legislative Reforms SRA identified Statutory Measure / Section(s), Solution Regulation(s), requires Rule(s), amendment of Circular(s), law by Guideline(s) Legislature and / or Judgment(s) project viable." The practice exceptions made on account of planning to allow floating FSI (indexed) of affixing open space constraints or project viability so that the schemes which are provision as a percentage of unviable due to requirement of site area is a serious problem. open spaces can utilize their FSI Open space and amenity in the same/ adjoining ward. norms should be based on a per capita basis as specified 3. The SRA will consider in the National Building Code appointing a neutral and of India (NBC-2016). independent expert with required technical expertise for every scheme to ensure that scheme parameters are remain beneficial and the plot has all amenities as per the DCPR 2034.
5. Apportionment of In all redevelopment projects, Sale units should be part of the overall Amendment to T-6 Rehabilitation of slum dwellers is land area for sale and rehabilitation areas project layout, even part of the same the DCR 33(10) the prime responsibility of the rehabilitation are separated by the buildings (and not separate of the SRA. Even if the SRA were to schemes creates developer. Amenities and components) all the amenities in the Development mandate these requirements for slum like open spaces are also layout (open spaces, health, education, Control and developers, slum rehabilitation conditions and separated between sale and etc) should be shared between rehab and Promotion schemes would get stalled.
income-based rehabilitation buildings. Sale sale occupants, and the sale units should Regulations residential buildings are on average 1/4th be capped in terms of area (max 50 sqm) (DCPR). segregation the density of rehab to create additional affordable housing buildings. The sale units are stock for the city.
unaffordable for
a large majority of the
citizens.
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Sr. Specific Issue / Cause of the problem Relevant Proposed Measure / Solution Whether Proposal for Reference Views and Suggestions of the
No. problem existing Proposed Legislative Reforms SRA
identified Statutory Measure /
Section(s), Solution
Regulation(s), requires
Rule(s), amendment of
Circular(s), law by
Guideline(s) Legislature
and /
or
Judgment(s)
6. Apportionment of Government / public after Provisions of Provision of the DCPR 2034 can be Yes DCPR - Charging premium in T-1 1. On apportionment of land,
land is uneven, development goes in the DCPR 2034 overlooked and amended. 2034 lieu of condonation for please refer to the response to
resulting for less hands of the private requires a major open space should be point 1(1) above.
open space and Developer and Government amendment abolished. 2. On e-tendering of slum crowded structure which is the owner of the land In SRA project, the Construction rehabilitation projects, the resulting in losses its land. through contractor can be done by way SRA has addressed a letter to vertical slums of e-tendering process. Authority should be the State Government seeking held responsible approval for auctioning slum schemes on government lands Apportionment of the slum land which are stalled. between redevelopment area and sale 3. On disciplinary action against area should be in 50:50 ratio. errant officers, please refer to the response in point 5(6) in Table 1.
Disciplinary action should be initiated against the officer not following the law.
7. Congestion and Slum Act and/ or DC Equal distribution of Plot for Rehab and T-9 1. On congestion in rehab inhuman Regulation is silent on equal Sale Competent: buildings, please refer to the conditions in distribution of plot for Rehab response to point 2 above. Rehab Buildings. Component and Sale Pre-demarcation and determination of Component. Therefore, the S. R. Project into equal proportion 2. On apportionment of land, Developer uses major / larger between Rehab and Sale Plot size [i.e. please refer to the response to portion of the land, for his 50% - 50%]. Even in case of merger / point 1(1) above. Sale Component. amalgamation with adjacent / another S.R. project, the equal (50% - 50%) 3. The sanctioned plans are Despite being a public distribution of proportion of land already published on the welfare legislation the amongst Rehab Building and Sale SRA's website. unequal distribution of Plots Building shall remain unchanged. amongst the Rehab and Sale Building is a serious concern, Depiction and display of such pre- thereby defeating the purpose demarcated / determined plan of 'land of the enactment, apart from and building' under S.R. project being the main reason for showing distribution of land for Rehab congestion in Rehab and Sale component in equal Building. proportion, near the site of dimension 10' x 15' banner.
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Sr. Specific Issue / Cause of the problem Relevant Proposed Measure / Solution Whether Proposal for Reference Views and Suggestions of the
No. problem existing Proposed Legislative Reforms SRA
identified Statutory Measure /
Section(s), Solution
Regulation(s), requires
Rule(s), amendment of
Circular(s), law by
Guideline(s) Legislature
and /
or
Judgment(s)
8. High Density and The provision of social NBC 2016 (Part Land apportioned under the scheme for Government should not A-8 1. All the amenities such as
lack of acceptable amenities is an essential 3, Section C- sale component should be used instead monetise the value of balwadis, health centre, skill
housing component, too often 2.4.2) specifies to provide rehab buildings with proper the land. development centre, fitness
conditions in the neglected, in planning 500 dwellings light and ventilation, plus all social centre, yuva kendra, etc. are
rehab tenements redevelopment sites. In per units per amenities such as schools with Where the owner of the provided in every slum scheme
particular, it is vital to hectare as the playground, pocket parks, healthcare land is government, in addition to the existing
incorporate schools with maximum clinics etc. Where possible, city wide land ownership be reservations. Wherever, DP
playgrounds within the density on a plot amenities must be provided. transferred to demands a reservation of
development, as well as from 15 sqm Community Land school, etc., the SRA is
pocket parks, and basic health apartments in In planning redevelopment therefore, Reserve ("CLR"). providing the same. It is
care clinics. Acceptable four storey walk the essential amenities to be provided CLRs will be required impossible and unnecessary to
housing comprises all these ups. on site must first be defined for the size to keep their land provide a school with a
essential amenities within Part 3, Section 5 of population to be rehabilitated on that exclusively for low playground for every scheme.
walking distance. It is not just of NBC 2016 site. On no account should the provision income housing. CLRs
four walls and a roof. separately of adequate amenities be compromised. will not be permitted to 2. Moving some eligible slum specifies social Doing this only degrades the sell the land. dwellers to another plot would amenities to be development. lead to creation of two provided given CLR should be categories of slum dwellers who the size of As the size of apartment to be provided instituted as a non- are otherwise similarly placed population. in resettlement increases it may be profit companies under before the law. Such impossible to meet all the conditions section 8 of the categorization will lead to Part 3, Section 8 spelt out above in regard to adequate Companies Act, 2013. several issues at the time of of NBC 2018 has social amenities, density and light and The hallmark should be implementation. clear guidelines ventilation. In that case the only option, achieving the utmost concerning and one that should not be ruled out, is transparency.
adequate natural to relocate some families on adjacent
light and vacant land or in neighbouring
ventilation / redevelopment sites which are less
space between overcrowded.
buildings for
facades that have
windows.
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Sr. Specific Issue / Cause of the problem Relevant Proposed Measure / Solution Whether Proposal for Reference Views and Suggestions of the
No. problem existing Proposed Legislative Reforms SRA
identified Statutory Measure /
Section(s), Solution
Regulation(s), requires
Rule(s), amendment of
Circular(s), law by
Guideline(s) Legislature
and /
or
Judgment(s)
9. Apportionment of RERA Act, 2016 has been Section-88 1. As soon as CC is issued, the A-11 Please refer to the response in Point
the slum land enacted to bring makes the RERA developer shall register the project with 18(1) in Table 3 above.
between the standardisation, Act overriding MahaRERA as per provisions u/s 3&5
redevelopment accountability, effect over all of the RERA Act. This will override the
area and the sale professionalism, and prior laws. auction certificate issued by the SRA.
area transparency in the real estate RERA Act
sector. It is a complete code. already has 2. The agency for the pocket on behalf Still, multiple regulators effective of slum society will be added as a co- regulate the real estate sector provisions u/s 6 promoter for representing slum including SRA for slum for an extension dwellers on the MahaRERA Website.
schemes. A large no. of if the project projects got stalled. This is remains 3. The project will be further monitored causing great injustice and incomplete after or regulated as per provisions under the losses to the ultimate the expiry of the RERA Act through MahaRERA. stakeholders for no fault on validity of the their part and registration, 4. The apportionment of the land of the frustrating/defeating the revocation of slum pocket will be based on FSI objectives of RERA. registration u/s 7, Consumption between the rehab area completion of an and the sale plot area as per provisions incomplete u/s 17 of the RERA Act by MahaRERA.
project whose
registration is
lapsed or
revoked u/s 8.
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Sr. Specific Issue / Cause of the problem Relevant Proposed Measure / Solution Whether Proposal for Reference Views and Suggestions of the
No. problem existing Proposed Legislative Reforms SRA
identified Statutory Measure /
Section(s), Solution
Regulation(s), requires
Rule(s), amendment of
Circular(s), law by
Guideline(s) Legislature
and /
or
Judgment(s)
10. No long-term No thought and planning has A portion of the project's commercial A-17 The current norms of the SRA
planning for gone into the long-term benefits shall be mandatorily allocated ensure rehabilitation and adequate
ensuring the viability and maintenance of to a fund for long-term maintenance and maintenance of rehabilitation
livability of slum slum rehabilitation areas. improvement of rehabilitated areas. buildings.
rehabilitation This includes both the rehab
accommodation buildings as well as the Planning norms to ensure adequate
general area in which they are open spaces in such areas.
located
Slum dwellers shall be provided with
financial literacy training and given
options for monetizing their benefits,
should they choose not to occupy the
rehabilitated property
11. Poor living Statutory framework under Slum Act Apportionment of slum land between Partly State and the SRA as A-27A 1. On prescribing maximum
conditions, high the Slum Act and the DCPR, rehab and free sale area should be done the planning authority, density, please refer to the
density, no proper 2034 enables the unscientific Section 15A (3) on scientific basis. should initiate changes response in point 2 above.
amenities, adverse and inequitable and (4) DCPR, 2034 provides for maximum to the statutory regime
health and apportionment of the slum tenement density norms in Regulation which would ensure a 2. On apportionment of land environmental land between the rehab area Section 3A No.30 for non-slum rehabilitation larger apportionment between the rehab and sale conditions, lack of and the free sale area. Section 8 projects. Regulation 30 prescribes a of land to the rehab component, please refer to the privacy exposing The slum dwellers have been, maximum tenement density of 450 per components and which response in point 1 above. women to and are, rehabilitated in 1/4th DCPR, 2034 hectare where the FSI is 1 would lead to a more increased abuse, to 1/3rd of the land area they The DCPR, 2034 Maximum density of 600 t/ha should be rational construction of 3. On provision of amenities, poor maintenance, occupied, thereby increasing contains a fixed for rehab. This would be rehabilitation please refer to the response in no fire safety etc. congestion three-fold. plethora of consistent with maximum density of buildings. point 8(1) above.
Currently there is no cap on regulations 450 t/ha specified under DCPR 2034. maximum density. Instead, which ensure that 4. In slum schemes, convenience there is a minimum density when buildings Inadequate amenities are provided as shops are allowed on internal for rehab. Rehab buildings are constructed, per the current SRA policy--area roads. Additionally, are segregated on 25-30% of they provide the equivalent to one tenement area for commercial tenements are also the total slum land. The necessary natural balwadi, society office & community accommodated. density of their buildings has light, air and centre, each against 100 rehab serious human and ventilation to tenements, and proportionately more 5. The BMC maintains a TDR environmental consequences. their occupants. for higher numbers of tenements. There bank. These documents are Page 351 87 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:12 ::: PA Sr. Specific Issue / Cause of the problem Relevant Proposed Measure / Solution Whether Proposal for Reference Views and Suggestions of the No. problem existing Proposed Legislative Reforms SRA identified Statutory Measure / Section(s), Solution Regulation(s), requires Rule(s), amendment of Circular(s), law by Guideline(s) Legislature and / or Judgment(s) There are so is no mandatory provision for shops, available in the public domain. many markets, health care, education, If the slum TDR from one regulations recreation etc., even for large rehab slum scheme is allowed to be which ensure projects. The standards specified in in utilised in another slum this by DCPR 2034 and town planning scheme, the density in the prescribing open schemes based on development area other scheme will increase spaces, height and population for development, to be while the FSI on the said plot restrictions and implemented in slum redevelopment remains the same. Eventually, distance between projects. the slum TDR will remain two buildings. unutilised. Therefore, the Slum TDR sale and purchase to be suggested mechanism is restricted for use in other slum faulty.
Sub regulations redevelopment projects to maintain a 3.14 to 3.16 of uniform density across various slum 6. On discretionary powers of the Regulation pockets that currently are unequal. SRA CEO to relax norms, please 33(10) can also operate a Slum TDR bank for refer to the response in point ease of TDR encashment and sale and 10(2) in Table 3. Sub regulations regulate its pricing.
3.12 (A) of Regulation 33(10) SRA has been issuing circulars time-
and -again providing multiple Sub regulations concessions to the required provisions 2.1 to 2.9 of of FSI entitlement, open spaces, Regulation distances between buildings, building 33(10) heights, fire regulations, light and ventilation etc. The practice of Sub regulations concessions and premiums, granted 6.15 to 6.17 of under discretionary power of CEO of Regulation SRA be totally stopped.
33(10)
Regulation No.
30
Regulations 36 to
46
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Sr. Specific Issue / Cause of the problem Relevant Proposed Measure / Solution Whether Proposal for Reference Views and Suggestions of the
No. problem existing Proposed Legislative Reforms SRA
identified Statutory Measure /
Section(s), Solution
Regulation(s), requires
Rule(s), amendment of
Circular(s), law by
Guideline(s) Legislature
and /
or
Judgment(s)
12. Congestion and Slum Act and/ or DC No provision for Equal distribution of Plot for Rehab and T-10 1. On apportionment of land
inhuman Regulation is silent on equal apportionment of Sale Competent: between the rehab component
conditions in distribution of plot for Rehab land amongst a. Pre-demarcation and and free sale component,
Rehab Buildings. Component and Sale Slum Dwellers determination of S. R. Project into please refer to the response in
Component. Therefore, the Rehab Building equal proportion between Rehab point 1 above.
Developer uses major / larger and Sale and Sale Plot size [i.e. 50% -
portion of the land, for his Building. 50%]. Even in case of merger / 2. On display of demarcated area, Sale Component. amalgamation with adjacent / please refer to the response in Despite being a public another S.R. project, the equal point 7(3) above. welfare legislation the (50% - 50%) distribution of unequal distribution of Plots proportion of land amongst Rehab amongst the Rehab and Sale Building and Sale Building shall Building is a serious concern, remain unchanged. thereby defeating the purpose b. Depiction and display of such pre-
of the enactment, apart from demarcated / determined plan of 'land
being the main reason for and building' under S.R. project
congestion in Rehab showing distribution of land for Rehab
Building. and Sale component in equal
proportion, near the site of dimension
10' x 15' banner.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUO MOTO WRIT PETITION NO. 1 OF 2024 IN RE: PERFORMANCE OF AUDIT OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT, CLEARANCE AND REDEVELOPMENT) ACT, 1971.
...Petitioner Versus THE STATE OF MAHARASHTRA & ORS.
...Respondents SUGGESTIONS REGARDING OBLIGATION TO PROVIDE TRANSIT ACCOMODATION TO THE SLUM DWELLERS PENDING REDEVELOPMENT Page 354 90 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:12 ::: PA Sr. Specific Issue Cause of the problem Relevant Proposed Measure Whether Proposal Reference Views and Suggestions of the SRA No. / exis / Proposed for Legislative problem identified ting Statutory Solution Measure / Reforms Section(s), Solution Regulation(s), requires Rule(s), amendment of Circular(s), law by Guideline(s) Legislature and / or Judgment(s)
1. Transit During the pendency of Regulation The SRA ought to Yes. Section 33 and 38 T-7 After the eligibility is decided, there is an appeal available to the Accommodation for eligibility cases, the 33( adopt Propose should persons found ineligible. During the period available for the all occupants developer is required to 10) an immediate/summary d include summary appeal, such people cannot be evicted. Thereafter, process of accommodate the VIII (4) of eviction procedure for Measure/Solutio eviction of eviction is initiated but is subject to any interim orders by the occupants in transit DCPR 2034 evicti n requires ineligible Appellate authority. tenements. on of such occupants amendment occupants from Section 33 and 38 from the transit of law transit tenements Considering this, the SRA takes a deposit of 1 year's rent even However, even when tenements within a period by Legislature. (under for ineligible slum dwellers and they can be removed on the the eligibility of the of 15 days from the date Regulation 33(10) payment of the rent.
occupant is decided, and of the declaration of Regulation VIII (4) of
such occupants are ineligibility. 33( DCPR
declared to be 10) 2034) within a
ineligible, such VIII (4) period of 15 days
occupants refuse to of DCPR 2034 from the date of
vacate the transit the Order passed
tenements which leads Section 33 and 38 by the Competent
to financial burden on Authority.
the developer for
payment of rent for such
ineligible occupants.
2. Shortage of Severe shortage of Regulation There ought to be No. -- T-7 There is no mandate to provide temporary transit accommodation
transit transit camps are being 33(10) construction of and there is always the alternative of payment of rent. The
camps faced which prevents permanent transit camps Government had pursuant to orders of this Hon'ble Court in Writ
from developers from on developable lands Regulation 33(10) Petition (L) No. 8973 of 2023 formed a committee headed by the
shifting slum dwellers across Mumbai. This is former Chief Justice of the Allahabad HC to suggest measures for
to already contemplated creation of sufficient PAPs. The committee submitted a report
altern under the draft housing and, on the basis, thereof, the Government came out with
ative policy 2024. Government Resolution No: Yachika - 2023/Pro.No.220(Part - accommodation. 1)/ Slum - 2 dated 19th August 2024 which sets out the policy for generation and allotment of PAPs.
3. Developers failing Weak / No Regulation 33 (10) VIII SRA should take T-6 The SRA has implemented Circular 210, which mandates deposit to pay transit rent to by SRA to ensure that 4.2, cognizance of the of 2 years rent in advance and further 1 year rent in the form of eligible slum the Developers fulfill DCPR, 2034 collusion b/w its officers PDCs. This mechanism ensures that there are no defaults in rents.
dwellers or issuing the terms of the and the Developers and
dishonored agreement. Circular No. take action regarding the In the event there is non - payment of rents, no permissions are
cheques. 210 same thereby ensuring issued in favour of the developer in any project till the default is
dated 01.08.2023 effective remedied.
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implementation of the The SRA has proposed a legislative amendment to the State
Circular No. 210- existing regulations that Government which would allow it to issue a recovery certificate
A dated mandate the Developer for dues of transit rent and recovery of such transit rent by way
23.02.2024 to provide of attachment and sale of the developer's property.
t
ransit
rent/accommodation
during the project.
4. Developers do not The developers are Circular No. 210 Transit accommodation T-6 Please see response to items 2 and 3.
invest in transit given the option to dated must be provided, and
camps but either provide transit 23.02.2024 the same should be
occupants are paid accommodation, or to stating that included in the
mutual agreed upon provide rent. This gives advance rent of individual agreements.
rent, and ultimately them an opportunity to two years must
this payment of rent flout the obligation, by be provided Transit accommodation
amount is also restricting the rent should be in buildings /
stopped by the payment only in the flats / rooms owned by
Developers. initial months. the Developer with clear
undertaking that the
Developer shall not
create any third-party
rights over these
premises till permanent
accommodation is
provided to the slum
dwellers.
If at all rent is to be paid,
it must clear terms
regarding the payment
must be recorded in the
agreement itself.
Advance rent of two
years must be deposited
by the developers in the
escrow account, as
provided under.
(Circular No. 210 dated
01.08.2023.) The rent
must
increase every year by
10%.
5. Inhumane Weak/ No Regulation 33(10) VIII Families spend T-6 1. Permanent transit camps, apart from nomenclature, are
li by the Statutory 4, anywhere between 3-4 identical to rehab projects.
ving conditions in Autho DCPR, 2034 years in transit
transit rities (MMRDA in this accommodations. 2. On the financial capacity of developers, the SRA will accommodations case) to ensure that the 33(10) VIII Therefore, permanent frame guidelines in this regard. provided to the appointed Developer 8, and temporary transit slum dwellers fulfils the terms of the DCPR, 2034 settlements must 3. In schemes where complaints were received for quality of agreement. conform to open space building, scarcity of water etc., the SRA has directed the 33(10) VIII and amenity norms as developer to carry out major repairs. Apart from the Page 356 92 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:12 ::: PA 9, per NBC for income above, regular repairs are carried out by the developer at No proper verification DCPR, 2034 housing. the behest of the slum dwellers. Additionally, the SRA, of the financial capacity through the developer obtains a structural stability of the appointed Circular certificate in respect of the temporary transit camp. The Developer to execute d SRA has also extended the option of shifting to available the project. ated 15.12.2003 permanent transit camps in Malad. However, the slum dwellers have not exercised this option.
No legal mechanism in Circular
place for the slum d Complaints of slum dwellers with respect to transit
dwellers/ PAPs to raise ated 10.11.2009 tenements are sufficiently heard by the SRA in forums
this issue before a such as the Janta Darbar that are functioning twice every
competent authority Circular No. week.
108
dated 05.01.2010 The SRA is considering framing the minimum
requirement policy setting down the standards to be maintained in transit accommodations and such conditions can be made the conditions of the LOI the breach of which may lead to an action of the Developer.
7. Transits Timely rent not paid by Various Escrow Account 2 years Law already exist Authority should T-1 accommodation the developer to the guidelines by advance rent. but the be held responsible 1. As regards suggestions on rent, Circular 210 now governs and rent issue slum Dwellers. Hon'ble implementation is for non-action on the field.
Eligibility withheld or supreme court Auto Disbursal of rent to not done proper the developer not prolonged with official Also Circular no. the slum dwellers by the by the authority. paying rent. 2. On blacklisting of developers, please refer to the response so as to refrain from 153, 166, 146 SRA. in points 7(5) and 7(6) of Table 3.
payment of the rent to Provision slum dweller Interest on arrears of for penalty/ 3. Covid and other similar conditions resulted in default on rent to be charged on disciplinary transit rent. SRA, after receiving numerous complaints Developer. action should be and grievances, formulated various measures. These inserted in included deposit of advance rent of 2 years and post dated After passing order of existing law. cheques for the 3rd year with SRA before giving any stop work, if the rent is permissions. SRA distributes the rent to slum dwellers not paid then he be Inculcation directly into their bank accounts. As per circular 210, if a declared as Black listed Guidelines developer defaults in payment of transit rent, they are and no further work be by Hon'able ineligible to submit new proposals until the outstanding given to him. Bom rent is paid.
bay high Court Increment 10% each for arrears of 4. As per circular 153, the SRA already stipulates 5% year on rent. rent. increment each year in rent. But 10% will be considered by SRA.
Amount of Rent could Application be decided on the basis for arrears of rent 5. As of now, developer and slum dweller mutually decide of Ready Reckoner rate has to be decided on the amount of rent. Since it is a private contract rather than leaving it to by committee and between both the parties, it is proper for them to decide be decided by the not by the rent. Although, base rate certain can be declared by handful members of the the SRA. SRA will consider the proposal.
Society and Developer. Assistant Registrar 6. SRA does follow the procedure for recovery of rent. This Clear procedure procedure is not always successful for recovery of unpaid described in Circular no. transit rent. So SRA has proposed to the State 153 of SRA be followed Government for an amendment to the Slum Act for the which will reduced recovery of rent. A proposal has also been sent to the State Page 357 93 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:12 ::: PA number of cases filed in Government to permit issuance of a recovery certificate Hon'ble Bombay High against the defaulting developers and attachment of Court. personal properties of developers pursuant to execution of such certificate Additionally, the SRA has also proposed Independent Committee sale of such attached properties. Currently, to check has to be formed for different schemes where non-payment of transit rent is deciding the alleged, the SRA has started appointing panel auditors of applications for the co-operative housing societies for determination of arrears of rent, rather default in rent amount. Additionally, in respect of than leaving it on schemes where building permissions have been granted, Assistant Registrar of compliance with Circular 210 will be monitored and the Co- operative society, SRA will direct the developer to deposit further rent if the which have failed to scheme is not completed in 3 years. The SRA will ensure perform his duty that complaints with respect to transit rent are reduced. As resulted in number of such, the current staff is sufficient for that purpose.
cases pending in Hon'ble Bombay High 7. The SRA has developed a rent Management System - Court. Software so that rent related issues can be apply and resolved easily.
Stop Work notice issued for non-payment of rent 8. The SRA is considering developing a system wherein the should not be withdraw developer will be mandated to report the status of rents without intimating paid / collected by each developer every month. The to consequences of failure to do so are also being considered. the Complainant and 9. Allotment of tenement will be done to the eligible slum opportunity of hearing dwellers by way of lottery as per the provisions of the be given to him/her. DCPR. Although the provision of tenement is done for all dwellers, whether eligible or ineligible, allotment of Once the IOA, lay out tenement without considering eligibility will be improper. and Draft plan of the scheme is approved the 10. On disciplinary action against errant officers, please refer allotment by the way of to the response in point 5(5) in Table 1. lottery should be done irrespective of the 11. Once an application for eligibility is made before the eligibility of the slum Competent Authority under the GRs dated 2015 and 2018, dwellers. If the slum the Competent Authority decides on eligibility within 3 dweller fails to prove his months if all requisite documents are duly submitted. eligibility before the CC Allotment cannot be completed before deciding his allotment should be eligibility. It is also impossible to complete the allotment converted into PAP, procedure before CC. Currently, annexure-II is not which will bound the finalized as the slum dwellers do not approach the authority to decide the Competent Authority. The SRA will consider requiring a application within slum dweller to approach the Competent Authority within specified time limit. 3 years of finalization of Annexure-II. In case, a person is Disciplinary action declared ineligible, they can prefer an appeal before the should be initiated Appellate Authority under Section 35. against the officer not following the law.
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8. Fixation of There is no mechanism Fixation of minimum T-9 1. On fixing transit rent, please refer to the response in 7(4) Transit under the Scheme, to fix transit rent should be by above. Rent, by reasonable transit rent SRA considering the Developer. and the same is left to location and other 2. On a tripartite agreement, once the legislation provides for a the Developer, this factors in consultation minimum rent, a tripartite agreement will not be useful leads to dispute between with stakeholders -
the Developers and the minimum 5% year wise 3. On fixing minimum rent, please refer to the response in 7(4) slum dwellers. increase should be above.
implemented strictly. In That a mechanism this regard, a condition 4. If the slum dwellers and developer wish to register the should be devised for should be recorded in agreement, that may be allowed.
uniformity of payment LOI itself.
of rent to all the slum 5. SRA will send a proposal for the exemption of stamp duty to dwellers as large Registered Tri-partite the State Government.
number of slum Agreement between
dwellers are aggrieved Developer, Society and
by quantum of transit Slum-Dwellers should
rent and have been be executed at the time
running from pillar to of
post for transit rent appointment of
before SRA. Developer, wherein,
transit rent amount
This Hon'ble Court is payable to slum dwellers
burdended with a lot of should be mentioned
litigation due to non- [Stamp duty should be
payment of transit rent. exempted].
Minimum Transit Rent,
considering location
and other factors,
should be, decided by
SRA and, not left to the
Developer.
Developers arbitrarily
decide nominal / meagre
transit rent amount, by
managing the
Committee Members of
the Society, which then
becomes binding on all
the members.
9. Advance Rent to be Though Circular No. Circular No. Circular No. 210 and T-9 Currently, Circular 210 is applicable for all new schemes. The
paid by the 210 and 210A mandates 210 210 A of SRA, should be advance rent is to be paid at the time of Annexure III. LOI is
Developer. payment of 24 months and 210 A of implemented strictly and only issued by the SRA after advance rent is deposited. For
advance rent + 12 SRA. incase of default, ongoing schemes, the advance rent provision is made applicable
months thereafter post proceedings for when the developer submits an application for new approvals.
dated cancellation of
cheque, however, Developer [u/sec. 13(2) Effectively, the SRA can take action against the developer if rent
despite this, it is seen of Slum Act], should be is pending. The SRA will consider if any improvements can be
that the Developer are initiated suo-moto by made to this framework and assess if proceedings under Section
defaulting, due to SRA. 13(2) can be resorted to.
ineffective
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implementation of these
Circulars.
10. Default in payment No effective In case of default in T-9 Please refer to the response in point 9 above.
of rent. consequences incase of payment of Rent or any
default in payment of act or omission contrary
rent. to the S. R. Scheme, then
proceedings for
cancellation of
Developer [u/sec. 13(2)
of Slum Act], should be
initiated suo-moto
by SRA.
11. Only 02 (two) Asst. At present there are only At least 04 (four) T-9 Considering initiatives by SRA which includes existing
Registrar of Co-op. 02 (two) Asst. Registrar Officers of SRA, should measures under Circular 210 and proposed measures with
Societies [In short of Co- op. Societies [In be appointed by SRA, respect to recovery certificate and attachment, SRA may not
'ARS'] to decide short 'ARS'] to decide exclusively dedicated, require extra officers.
issue of transit rent transit rent of slum for deciding rent and
of slum dwellers. dwellers, who are lottery related issues for The SRA, as stated above is considering bringing about a system
burdened with many speedy disposal of where the developer will have to update the deposit of rents
functions. grievances of Slum monthly. This database will ensure that the exact status of
Dwellers, Society and payment of rents to the slum dwellers is readily available.
Developer.
The process for submitting rent related complaints has now been Any complaint/ changed. All complaints in respect of non-payment of rent can grievance of rent should now be filed online on the portal of the SRA. On the complaint be decided on priority being uploaded, the SRA is mandated to initiate action against and In case of default, these complaints in 15 days wherein the developer is asked to found on part of pay the rent to the slum dweller.
Developer, it should
immediately followed
with 'Stop Work
Notice', and on further
default with 13(2)
proceedings.
12. Delay in payment The Slum dwellers only The slum dwellers A-10 The process for submitting rent related complaints has now been
of transit rent remedy is to approach should be provided with changed. All complaints in respect of non-payment of rent can
the Nodal officer of the the default transit rent now be filed online. The SRA is mandated to initiate action
SRA to claim the along with the same against these complaints in 15 days wherein the developer is
default transit rent. The amount of rent towards asked to pay the rent to the slum dweller.
said Nodal Officers take compensation / penalty
hearings for a period of and on failure of the In case he fails to do so in a one - month time period, either a
more than 2 years and developer to pay such stop work notice in respect of sale portion is issued against him
the Slum dweller has to amount, then the SRA and if the failure continues action is taken under S. 13(2) of the
pay the rent from his Authority should pay the Slum Act. The hearing by nodal officers has now been
pocket for the said same from the amount of discontinued.
default period, premium deposited by
sometimes by taking the developer and in the
loans on heavy interest event of appointment of
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rates or if he cannot new developer the same
afford to pay the rent should be recovered
along with the family from the new developer.
expenses is being forced Further, there should be
to sell the structure at a time bound hearing for
very low price and the default transit rent
thereby the whole proceeding.
family of the Slum
dweller is ruined. There
is no provision for
paym
ent of compensation /
penalty by the developer
for the said
delayed period.
13. Developers failing The developers in No allotment should be A-10 The SRA has formulated a policy which requires the developer to
to pay transit rent connivance with the allowed without the O.C handover rehab tenements to the SRA. SRA does not accept any
and allotting SRA Officers with the and payment of the premises without the OC. The SRA then hands over possession
premises without intent to escape from the transit rent. Further, the of such tenements to eligible slum dwellers. The SRA will fine
OC in order to save liability of payment of developer should not be tune this process to make improvements.
on rent the transit rent, makes allowed to sell or create
the allotment of third party rights of the
permanent 50% of the sale
Tr component till O.C. to
ansit accommodation rehab component is
without issued and the transit
O.C. and the Slum rent is cleared by the
Dwellers are being developer
forced and black mailed
to sign the undertaking
that they have received
the default transit rent
and there is no rent
pending with the
developer, else, the
developer never gives
the allotment to the
Slum Dweller.
14. Obligation to The entire process for RERA Act 1. The developer will A-11 1. New initiatives of SRA such as Circular 210 are more
provide transit Slum Rehabilitation pay transit rent in two beneficial to slum dwellers since it ensures advance rent
accommodation for Schemes is developer- instalments - (a) On payment even before the LOI stage. An IOD is issued after
the slum dwellers centric, electoral receipt of the IOD, the the LOI stage.
politics-oriented instead successful bidder shall
of policy-centric and deposit amounts towards 2. The RERA does not apply to the rehab portion and SRA. objective of making transit rent for all slum SRA is not only a planning authority for slum rehabilitation. Mumbai a slum- free dwellers initially for six They are a regulatory authority for slum dwellers and for the city. Contradictory and months with SRA; and rehabilitation portion. If the real estate authority under RERA personal interests of (b) On vacating the plot, also starts looking into grievances of slum dwellers, it will slum dwellers, the the successful bidder lead to dual regulatory control over schemes which is not Managing Committees, shall deposit rent for the proper.
persons with vested remaining
interests, local redevelopment period
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politicians, developers, for eligible slum
conflicting laws and dwellers.
procedures and frequent
changes in 2. Subsequent disputes
policies/procedures/offi will be adjudicated by
cials, give rise to many MahaRERA by
complications that do considering the eligible
not allow smooth slum dweller as an
complete and timely allottee as described u/s
implementation. This 2(d) of the RERA Act.
tempts officials Changes in the RERA
involved to misuse their Act to that extent shall
discretion. Huge be made.
workload, pressure to
recover the huge 3. Rent is already
premium paid for considered as
getting posts in compensation u/s 12 &
uncertain tenure, vague 18(3) of the RERA Act.
laws, conflicting Hence no need t.o make
any further changes.
judgments, dictation of
political bosses, etc.
have made officials
insensitive leading to
rampant corruption.
Since every stakeholder
exploits maximum
monetary gains, all
prefer to conveniently
remain silent.
There is hardly any
policy or even a
judgment that speaks
about the real
stakeholders who
ultimately take burden
of the rehabilitating the
encroachers viz. either
the flat buyers by
purchasing at
unreasonably high
prices or the private
redevelopment projects
where it is compulsory
to purchase TDR
generated from such
slum schemes. These
stakeholders spent their
golden years of life
paying EMI for housing
loans and/or paying
taxes.
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RERA Act, 2016 has
been enacted to
bring
standardisation,
accountability,
professionalism,
and transparency in the
real estate sector. It is a
complete code. Still,
multiple regulators
regulate the real estate
sector including SRA
for slum schemes. A
large no. of projects got
stalled. This is causing
great injustice and
losses to the ultimate
stakeholders for no fault
on their part and
frustrating/defeating
the objectives of RERA.
15. Rent/interim This is one of the areas Section 13(2) DCR 2034 should be A-17 1. The rights of slum dwellers provided under Regulation
compensation/trans most in need of reform And DCPR amended to take into 33(10) in paragraph 1.16 does refer to transit rent. Default of
it accommodation and is also the source of 33(10) account payment of rent transit rent is viewed very seriously by SRA and various
a large amount of in lieu of transit actions. New initiatives of recovery certificate, advance rent
litigation where slum- accommodation. If this will result in decrease of rent complaints.
dwellers approach the is done powers can be
High Court for payment devolved upon the SRA 2. On minimum rent/criteria for fixing rent, please refer to the of rent. or the State Govt. to response in 7(4) above.
ensure adequate
The Slum Act and DCR oversight of the same.
33(10) do not
contemplate payment of Additionally
rent but provide for uni
transit accommodation, form guidelines should
but in most cases rent is be issued by the State
paid in lieu of alternate Govt./SRA fixing
accommodation. Even minimum transit rent to
where alternate be paid area wise for
accommodation is SRA schemes. Societies
provided, the same is and developers are free
taken from private to agree to a higher
landlords. amount, but a base rate
In many cases the ought to be set by the
develoeprs enter into State Govt./SRA.
differential agreements
with slum dwellers to SRA/Stat Govt. can
get their consent. The notify a model PAAA
SRA and AGRC have agreement or set out
refused to fix rent and it mandatory clauses to be
is only after intervention included in such a
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of the High Court that PAAA
standard rent has been
fixed and varying
amounts recovered.
There are no adequate
avenues for the slum
dwellers to agitate their
disputes.
While there is a
mechanism under
Section 13 (2) for
changing a developer,
this has been proved to
be largely ineffective
16. Fixation of Transit In the present S.R. a. Fixation of T-10 Please refer to the response in 7(4) above.
Rent, by Developer Scheme redevelopment minimum transit
and obligation of is completed rent should be by
payment of Transit O.C. has been granted in SRA considering
Rent to Slum the near 2021. the location and
Dwellers. Occupants / Slum other factors in
Dwellers have been consultation with
shifted in Rehab stake holders -
Building. However, minimum 5% year
dispite regarding wise increase
payment of transit rent should be
to slum dwellers is implemented
pending before Ld. strictly. In this
AGRC by following regard, a condition
Application / Appeal:- should be recorded
(i) Application / in LOI itself.
Appeal b. Registered Tri-
[L] No. 26 of 2023 partite Agreement
[Harishchandra between
Developer, Society
Kesharwani and
and Slum-Dwellers
Anr vs SRA];
should be executed
(ii) Application /
at the time of
Appeal
appointment of
[L] No. 24 of 2023 Developer,
[Abbas Hussain wherein, transit
and Ors rent amount
vs SRA]; payable to slum
(iii) Application / dwellers should be
Appeal mentioned [Stamp
[L] No. 27 of 2023 duty should be
[Abdul Samad exempted].
Ismail Maknojiya
vs SRA];
There is no mechanism
under the Scheme, to fix
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reasonable transit rent
and the same is left to
the Developer, this
leads to dispute between
the Developers and the
slum dwellers.
That a mechanism
should be devised for
uniformity of payment
of
rent to all the slum
dwellers as large number
of slum dwellers are
aggrieved by quantum of
transit rent and have been
running from pillar to
post for transit rent
before SRA. This
Hon'ble Court is
burdended with a lot of
litigation due to non-
payment of transit rent.
Minimum Transit Rent,
considering location
and other factors,
should be, decided by
SRA and, not left to the
Developer.
Developers
arbitrarily decide
nominal / meagre transit
rent amount, by
managing the
Committee
Members of the
Society, which then
becomes binding on all
the members.
Thus, once the transit
rent rate is fixed
litigation shall be
reduced and payment of
transit rent can be made
at the level of appointed
SRA
authorities.
17. Only 02 (two) Asst. At present there are only a. At least 04 (four) T-10 1. On appointment of additional personnel, please refer to the
Registrar of Co-op. 02 (two) Asst. Registrar Officers of SRA, responses in Point 11 above.
Societies [In short of Co- op. Societies [In should be
'ARS'] to decide short 'ARS'] to decide appointed by SRA, 2. On complaints regarding non-payment of transit rent, please issue of transit rent transit rent of slum exclusively refer to the response in point 15(1) above.
of slum dwellers. dwellers, who are dedicated, for
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PA
burdened with many deciding rent and
functions. lottery related
issues for speedy
disposal of
grievances of Slum
Dwellers, Society
and Developer.
b. any
complaint/grievan
ce of rent should be
decided on priority
and In case of
default, found on
part of Developer,
it should
immediately
followed with
'Stop Work
Notice', and on
further default with
13(2) proceedings.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUO MOTO WRIT PETITION NO. 1 OF 2024 IN RE: PERFORMANCE OF AUDIT OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT, CLEARANCE AND REDEVELOPMENT) ACT, 1971.
...Petitioner Versus THE STATE OF MAHARASHTRA & ORS.
...Respondents SUGGESTIONS REGARDING LACK OF INDEPENDENCE AND OBJECTIVITY IN FUNCTIONING OF STATUTORY AUTHORITIES Page 367 103 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:13 ::: Sr. Specific Issue / Cause of the problem Relevant Proposed Measure / Solution Whether Proposed Proposal for Legislative Reference Views and Suggestions of No. problem existing Measure / Solution Reforms the SRA identified Statutory requires Section(s), amendment of law Regulation(s), by Legislature Rule(s), Circular(s), Guideline(s) and / or Judgment(s)
1. Issuance of Stop The issuance of stop-work Section 3A(3) The SRA ought to issue a show- No. Circular/rules may be T-7 It is against the principles of work notices in notices on complaints received of the Slum cause notice only upon receipt of issued clarifying stop- natural justice to restrict an an arbitrary by SRA, even on issues which Act complaint by atleast 51% of the Section 3A (3) work notices may be individual's right to manner do not pertain to planning or eligible slum dwellers and issued, only for violation of complain before the SRA.
permissions. In a situation conduct a prior hearing and permissions or law under However, the SRA will where a developer receives a inquiry before issuing a stop- the DCPR, MRTP Act. consider providing a stop work notice, the work notice. Other civil remedies are hearing opportunity and developer has no choice but always available to parties. undertake a verification adopt legal proceedings to set- before issuance of a Stop aside such a stop work notice The procedure for issuance of The SRA ought to issue a Work Notice. which leads to prolonged stop- work notice ought to be show-cause notice only delays and legal costs initiated only in cases of upon receipt of complaint SRA is a supervising violation/non-compliance of any by atleast 51% of the authority. On any compliant construction permissions as eligible slum dwellers and being brought to its notice, regulated under the relevant conduct a prior hearing it is duty bound to take regulation of the DCPR and and inquiry before issuing cognizance of the same MRTP Act. a stop- work notice. since it relates to the functioning of a slum scheme. Even dehors any The procedure for issuance complaint, the SRA can act of stop-work notice ought suo - moto. The power of to be initiated only in cases the SRA ought not to be of circumscribed. As regards violation/non the issuance of stop work
- compliance of any notice, the same is never construction permissions issued lightly without as regulated under the considering the relevant relevant regulation of the facts.
DCPR and MRTP Act.
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2. Regulatory As currently conceived, slum Integration of slum Amendment to the T-6 1. In respect of applicability capture and lack rehabilitation schemes can rehabilitation under the RERA Slum Act, a directive of RERA, please refer to of independence only work if a range of Act: To overcome the problem of from the High Court the response in point 18(1) and objectivity incentives are offered to information asymmetry between bringing slum in Table 3. in the private developers to deliver development authorities / rehabilitation functioning of "free" housing units and developers and slum-dwellers, for schemes within the 2. On setting up an statutory amenities to public authorities. stipulations on time and quality of purview of the independent body to audit authorities Development authorities seek construction, and for dispute RERA Act. schemes, the State to make resolutions, slum redevelopment Government has over the projects more attractive for projects must be included within years introduced multiple market actors in order to the ambit of the Maharashtra Real avenues and mechanisms generate revenue or to achieve Estate Regulation and to hear grievances and policy objectives such as Development Act (RERA). It must monitor schemes, rehousing slum dwellers or be noted that the RERA defines an Additionally, all orders of creating infrastructure for "allottee" not only as a "buyer" but the SRA are appealable. public use. This institutional as a "person to whom a plot, Moreover, all the orders/ arrangement is based on apartment or building...has been notices/ directions/ contradictory objectives, since allotted, sold...or otherwise decisions of the CEO are the regulatory agencies have transferred by the promoter and appealable before the an interest in incentivizing includes the person who AGRC which was set up development intensity and subsequently acquires the said after the directions of the relaxing development controls allotment through sale, transfer or Bombay High Court in rather than enforcing norms otherwise" and therefore the Act Tulsiwadi Navnirman Co- and ensuring quality of can very well be extended to slum Operative Housing construction. The basic rights rehabilitation projects. Society v. State of of citizens to voice their Maharashtra (Writ concerns, to livelihoods, to a Independent monitoring and Petition No. 1326 of healthful environment, or to review of the Slum Act: apart 2007). public goods are all conceived from the regulation of projects, it by the government and is necessary to set up an 3. All the scheme related developers alike as costs or independent and interdisciplinary information is available on impediments to development. body of individuals that is tasked the website of the SRA. Such is the entanglement of to evaluate the functioning of slum The SRA makes the interests that public rehabilitation projects in the city improvements to their authorities resemble market and provide periodic information functioning by issuing actors rather than custodians and feedback to the public circulars. In cases where of the public interest. It has regarding the performance of the there are complaints of become a common practice to Slum Act. The body must be non-payment of rent, the amend development empowered to be able to obtain SRA has empanelled regulations in favour of information from all stakeholders auditors to determine industry to make schemes (development agencies, planning whether agreed rent is paid more profitable - to the extent authorities, promoters, slum- or not. The SRA also calls that regulations reflect dweller societies, etc.) review for reports from aspirations of industry as progress and provide independent institutions opposed to expressions of the recommendations for the purpose such as VJTI, etc. to verify public interest. Slum of achieving good quality, structural integrity of rehabilitation is without a affordable and accessible housing rehab buildings. doubt a classic case of for all low-income groups. Therefore, there is regulatory capture. sufficient monitoring of schemes and of the SRA itself.
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3. SRA is seen to SRA embodies Government A mechanism should be T-6 1. Please refer to the be toothless in planner, executer and Resolution introduced, by way of which an response in point responding to a judge all at once. A scan of dated independent body can carry out 18(1) in Table 3. the grievances the SRA orders of the years 25.05.2022 regular audit of the scheme, of the slum reveals that it is motivated to which lays particularly when there are 2. On forged signatures, dwellers. provide and facilitate 'ease of down the grievances from slum dwellers. please refer to the doing business for the mechanism the response in point 8 in developers. Due process as SRA should Table 2.
defined by policy is often follow in case
compromised. When slum of stalled
dwellers approach the SRA schemes. It
with questions and complaints also provides
about fraudulent signatures, for penalties in
meetings which did not follow case the
due procedure etc, the slum developer fails
dwellers have not been given to complete
adequate hearing. SRA scheme.
4. Once a power of Absence of any legal 33(10) VIII The lease agreement of the land Yes Amendment to 33(10) T-6
attorney is given provision which makes it 3.13, DCPR, must be signed by the society and DCR, 2034 to the effect
to the developer mandatory to obtain consent 2034 the land-owning authority should that Lease agreement must 1. In respect of private by the society, of the slum dwellers before clearly set out the terms of the be signed b/w the slum land, the SRA is the developer making important decisions 33(10) VIII 7, agreement. No developer should dwellers and land-owning considering proceeds with such as mortgaging the DCPR, 2034 be permitted to modify the original authority with a clause restricting the scheme property, amalgamation of rehabilitation scheme without stating that no mortgaging slum without any plots, entering into co- 33(10) VIII securing the approval of at least encumbrances should be rehabilitation land. transparency or partnership with third parties 10, DCPR, 71% of the slum dwellers, rather created on the land and any accountability etc. 2034 than the 50% threshold. changes/ alteration in the 2. As regards lease, the to the slum scheme should first get same has been dwellers. 33(10) VIII approved by the majority answered Decisions such 11, DCPR, of slum dwellers, SRA and hereinabove. as mortgaging 2034 land-owning authority.
the
property, GR dated
amalgamation 11.09.2019
of plots,
entering into co-
partnership with
third parties etc.
are taken based
on the power of
attorney or
approved
Annexure -III
without any
information to
the slum
dwellers.
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5. No Regular Once an SRA Scheme is A mechanism should be T-6 1. The SRA conducts
Audit announced, the SRA introduced, by way of which an inspections on ongoing
Authority does not make an independent body can carry out a sites as and when
effort to check the regular audit of the scheme. required.
implementation status of the 2. SRA schemes are
scheme. constantly monitored. At
every stage of approvals,
No checks and balances in inspections are carried
place to gauge the out. The status of
implementation status of the schemes are checked.
scheme. When permissions are
being issued at each
stage of the scheme, the
parameters of LOI are
being checked and
compliance with the
terms of the LOI is also
checked.
3. On the point of
independent and regular
audits. Please refer to the
response in 2(1) above.
6. AGRC Presently AGRC presides Hearing should be audio and Yes! Legislation is Provision should be added T-1 1. AGRC which was set
Proceeding once in week or once in 2 videography and it should be required for in camera proceedings. up after the directions
weeks. available online. amendments and of the Bombay High
insertion of new Administrative order for Court in Tulsiwadi
provisions in the implementation of Navnirman Co-
Online hearing facility as available current legislation. machinery for online Operative Housing
in the Hon'ble High Court of hearing. Society v. State of
Procedure for Basic rules of civil procedure Bombay. Maharashtra (Writ
proceeding should be applicable while Amendment in the existing Petition No. 1326 of
conducting hearing. Complaints received against any legislation for application 2007). It is a
officer of the SRA must be decided of Civil Procedure Code specialized body of
by the department of the Housing should be carried out. experts who are well
Secretary rather that diverting the aware of the housing
application to CEO SRA who had Provision for Slum day situation in Mumbai.
fail to take any action in past. should be inculcated in The SRA is a unique
present provision. and special
"Slum day" is a must once a week legislation enacted to
Follow up with the Authority to address the problems of the Legislation specifying address the situation
Arrogant and regarding decision of the slum Dwellers in which not only composition of member of of slums in Mumbai.
misbehave by Application results in Slum Dwellers who are AGRC mandatory The same has been
officials. diverting the slum dweller intellectually disable but also their recognized by the
from office of one officer to representative and Advocates Hon'ble Bombay
another officer without any should be allowed with all the High Court in the
result. officer present for the meeting. aforesaid decision.
Many a times the slum dweller
went for the follow up for their 2. The AGRC is sitting application are threaten to be Hearing of AGRC should be on alternate Fridays implicated in false criminal conducted daily as the other on the request of cases by the various officers of courts. several advocates.
the SRA especially by the However, the AGRC
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female arrogant, corrupt and Independent body of committee will increase its
cunning officers. consisting of one judicial member, sittings to reduce
one technical member and one pendency. The SRA
Roznama as well as cause list administrative member who all are will apply to the State
should be publish online with the independent should not be Government to
updates as like the. from SRA Department like other increase the staff
tribunal working. under the AGRC to
expedite issuance of
The scheme is the beneficiary and orders.
Roznama, date hence for the transparency it
of Presiding should be available online to all. 3. The Roznama of the Even the eligibility proceeding. AGRC will be uploaded.
Orders, circulars, office notes,
letters should be scan and 4. The SRA will
available to the public online on consider applying to
website. the State Government
for audio and video
Checks and balances there must be recording of AGRC
authority to giving its reports audit proceedings.
report working of whole system of
SRA. 5. Slum dweller
societies prefer to be
Eligibility time period, any heard in person in
application, appeal should be most matters.
decided within specified time However, links are
period. already provided to
persons who wish to
appear through video
conferencing.
6. A grievance redressal
cell is set up in the
SRA that hears
citizen grievances on
a daily basis between
3 pm to 5 p.m.
7. The AGRC was set
up as a quasi -
judicial body within
the Slum Act to hear
appeals against the
orders of the CEO.
The officers on the
AGRC have on-site
experience in
planning,
administration and
dealing with citizen
claims. A judicial
member is not needed
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at the moment.
8. The AGRC examines
records and conducts
hearing. Orders of the
AGRC are on the
basis of records and
submissions of
parties. CPC cannot
be made applicable to
quasi - judsicial
proceedings since the
same will only lead to
delays in the
proceedings.
9. Orders of the AGRC
are uploaded on the
AGRC's website.
10. On timelines for
deciding eligibility
appeals, please refer
to the response in
point 2(2) in Table 1.
7. Arbitrary Acquisition proceedings are Section 14 (1) Provisions ought to introduced in Yes T-1 1. It is settled law that the
acquisition of a utilized as a land grabbing tool the said Act, to enable the preparatory steps cannot
slum by third party developers at the landowner to challenge the report be subject matter of
encroached behest of slum dwellers. filed by SRA with the State challenge.
property of a Government.
landowner Upon the SRA declaring a 2. Before considering the particular property as slum Before filing the report or before final acquisition, the under Section 3 (C)(1), the the State Government rendering its parties are entitled to landowner is given an final decision, the report of SRA make representation, at opportunity to justify why the should be forwarded to the which stage they can said land ought not to be landowner, to allow him to seek copies of all acquired. In these hearings, challenge the same in a time bound relevant documents. the landowner may show his manner. Only on failure of the inclination to rehabilitate and landowner, to challenge the same 3. As regards Section 13 redevelop his property. with the prescribed time limit, (1), the period of 120 However, pursuant to hearings should the State Government days, the same has been held, the landowner is not kept proceed with acquiring the land interpreted by this informed about the any under section 14(1) of the said Act. Hon'ble Court in various decision that the SRA and/or The statute should provide for an matters and the same is the State Government takes. opportunity to be given to the sub - judice before the landowner to file his proposal even Hon'ble Supreme Court.
It is only when the notice is after period of 120 days has lapsed
published that the landowner under section 13(1). However, a
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is made aware that the land is time limit may be prescribed based
acquired. on a justification given by the
landowner as to why he is
approaching the authority after the
There is absence of period of 120 days. Even if, the
transparency in the manner in CEO (SRA), at the instance of
which acquisition process is slum dwellers, has initiated
undertaken and the entire acquisition proceedings under
process is arbitrary. This leads section 14 (1) of the said Act, if a
to further litigation and further landowner files his proposal to delays the process of redevelop the slum encroached redevelopment of slums land, then there should an properties. immediate stay on the acquisition proceedings and such proceedings ought not to be entertained, unless the landowner withdraws his proposal to redevelop.
8. Premises The developers in connivance The allotment of the permanent A-10 1. The rehab tenements are allotted without with the SRA Officers with the accommodation should not be handed over post OC. OC intent to escape from the allowed without the issuance and The SRA has already liability of payment of compliance of the O.C. and the issued Circular 162A as premiums and other charges payment of the premium and per which the developer payable to the SRA and State, further compliance of the LOI, is required to handover illegally allot the permanent IOA, C.C. along with the the rehab tenements to accommodation without O.C. firefighting compliance. Further, the Estate Department of and without complying with the developer should not be the SRA which then the LOI, IOA, C.C. terms and allowed to sell or create third party hands over the tenements conditions. The Slum rights of the 50% of the sale allotted by the ARS Dwellers are forced to take component till O.C. to rehab department to the slum possession of the permanent component is issued and the transit dwellers. accommodation without O.C. rent is cleared by the developer to the rehab building and the and the full premium is paid to the 2. The SRA has also issued illegal lotteries are being held SRA. circular 210 as per which in connivance with the the outstanding rent officials of Co-Operative alongwith advance rent department of the SRA and has to be deposited with developer and the society. Due the SRA.
to non- issuance of O.C. by the SRA, the occupant of the 3. The SRA issues CC to rehab. the free sale component proportionate to the CC for rehab portion as stipulated in the DCPR.
4. Restricting selling rights of the developer will affect the working capital of the developer and delay rehabilitation schemes.
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9. Circulars being CEO, SRA issues day to day All the circulars issued by the A-10 1. The SRA requires issued without internal circulars some of CEO, SRA be examined and be regular monitoring of due process of which gives effect to the published and objections from the schemes. From law provisions of the Slum's Act, people at large be called for before experience it is learnt DCPR, MRTP Act and is the issuing such circulars, which that Circulars are the travesty of the justice. Various affect the ultimate provisions of efficient way of circulars are not published or the parent Acts. regulating schemes. no objections are being called on and without following the There should be specific 2. The circulars issued by due process of law the provisions to keep tab and confirm the SRA are for the circulars are being issued. the legality of such circulars and effective and speedy further call on objections and implementation of RERA, 2016. The difference suggestions from the slumdwellers schemes. The SRA has here in SRA is that though the as well as developers with respect issued multiple circulars Developers remain liable to to the issuance of arbitrary internal such as 210, 152, 163, sale component which they circulars by CEO, Executive etc. get as incentive Engineers or any other concerned for constructing houses free of officer of the SRA. 3. The SRA is a body of cost to slum dwellers, they are senior bureaucrats and not liable to Government or representatives who have SRA or slum dwellers as Institute of Social Sciences, VJTI, extensive experience of such. Everything depends Indian Institute of the day to day working of upon the integrity of schemes and housing the Developer whose Technology, Human Rights situation in Mumbai. engineers are never Organisations, Health experts Additionally, these responsible for quality. Third doctors team from J.J. or K.E.M. functionaries are Party Quality auditors are Hospitals. appointed by the State nowadays empanelled by Government which has SRA to oversee the quality. Active participation of experts like oversight over the The Third-Party Quality Architects, Chartered officials. The SRA is the Auditors hardly ever visit the Accountants, Advocates, Doctors, body that is undertaking site. There exist no SOP for Social activist, organizations several responsibilities TPQA and working in the Slum Rehabilitation of a planning authority. quality. Their reports, if any, by way of "SRA Advisory The SRA has the are just for the sake of record Committee" be formed to look Engineering Department with no checks by staff. after the day to day problems of the which possesses slumdwellers and developers. expertise in ensuring viability of the scheme and also the nature of construction involved.
The SRA also has a legal team which assess rights of all the persons involved in the scheme.
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11. Lack of This is the major reason for Immunity given under the Slum A-11 1. On disciplinary action independence the present state of affairs and Act to authorities and officials against errant officers, and objectivity the mess in the slum needs to be changed/removed to please refer to the in the rehabilitation schemes. make the officials accountable and response in point No. 5 functioning of Because: responsible for acts and omissions. in Table 1. Additionally, statutory a) The government often protection for actions authorities delays bringing new Ambiguity in laws and policies done in good faith by laws or amendments needs to be cleared. officers is present in all due to electoral politics. legislations so as to
b) Most actions or Permanent mechanism to access protect officials from decisions of requirements of number of officers undue harassment. government are based / staff / infrastructure and timely on electoral politics. filing of vacancies before 2. On permanent audit,
c) It is learned that at vacancies are created. please refer to the present most of the response in point 2(2) appointment is done Permanent mechanism for above.
either based on paying review of acts and omissions by
(illegal) premiums for the High Court
the posts to political
bosses or as per the Permanent audit for
agenda of political performance audit for officers and
bosses. Plum posts are system/process.
literally auctioned. In
turn, the officials get All officers who make a decision
unwritten permission to that is contrary to express
recover premiums and provisions of law / policy, judicial
earn profits over precedents and documents or
investment. cause unreasonable delay must be
d) Appointments are done held disqualified for holding any
without any specific government post. A permanent
tenure. inquiry mechanism shall be
e) The conflicting interests established for regular periodic
of slum dwellers and inquiry against officers.
their societies, rival Disqualified officers shall be held
developers, and local liable to return all benefits earned
politicians gave many so far and shall be disqualified for
opportunities to future benefits.
officials to use immense
discretionary powers.
f) Multiple laws/policies
having unclear,
contradictory,
conflicting provisions or
no provision to deal
with typical situations
give unchecked
discretionary powers to
officials, which they
mostly misuse.
g) Courts also sometimes
pass Orders that are
unclear,
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contradictory,
conflicting views and
give unchecked
discretionary powers to
officials, which they
mostly misuse.
h) Higher courts are
overburdened and it
takes years to decide a
case. Hence, there
exists no one to audit or
review the acts and
omissions of the
officials.
12. Lack of The implementation of the All circulars, notifications, A-17 The SRA will update its
transparency Slum Rehabilitation Act has guidelines, rules, and regulations website on a daily basis. The
been marred by a lack of related to this Act shall be SRA will also upload all its
transparency and published on a dedicated website circulars in English and
inconsistency. Circulars, within 24 hours of issuance. A Marathi.
notifications, guidelines, consolidated up-to-date version of
rules, and regulations are often all active directives shall be
not readily accessible to the maintained and made publicly
public, leading to confusion accessible.
and potential exploitation
Failure to publish or update as
required shall render the directive
inoperative until published.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUO MOTO WRIT PETITION NO. 1 OF 2024 IN RE: PERFORMANCE OF AUDIT OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT, CLEARANCE AND REDEVELOPMENT) ACT, 1971.
...Petitioner Versus THE STATE OF MAHARASHTRA & ORS.
...Respondents SUGGESTIONS REGARDING EFFECTIVENESS OF STATUTORY REMEDIES Page 378 114 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:14 ::: Sr. Specific Issue Cause of the problem Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA No. / problem existing Measure / Solution Legislative identified Statutory requires Reforms Section(s), amendment of law Regulation(s), by Legislature Rule(s), Circular(s), Guideline(s) and / or Judgment(s)
1. Constitution The Government of Maharashtra vide Government It is suggested that the constitution No. The T-7 AGRC of AGRC Notification dated 08.03.2017 has o of the AGRC ought to be changed. Notification dated constituted the Apex Grievance f Maharashtra's 08.03.2017 must be 1. On appointment of Redressal Committee ("AGRC") for Notification The AGRC ought to be presided amended vide a judicial members in hearing all appeals under Section 35 of dated by judicial members, not below fresh notification. the AGRC, please the Slum Act. As per the aforesaid 08.03.2017 the ranks of Principal District refer to the response notification, the AGRC constitutes one Judge. in point 6(1) in Table chairperson and four members which are 6. AGRC which was all serving public servants, including The AGRC ought to be set up after the Chief Executive Officer, SRA. permanently sitting body to enable directions of the it to preside over, on day to day Bombay High Court The orders/notices/directive under basis for deciding the cases before in Tulsiwadi challenge before the AGRC are usually it more expeditiously. Navnirman Co- passed by the Chief Executive Officer, Operative Housing SRA. Chief Executive Officer, SRA, The AGRC is ought to have a Society v. State of Mumbai is also a member of the AGRC dedicated registry for better case Maharashtra (Writ for deciding appeals against orders passed management. Petition No. 1326 of by the Chief Executive Officer, SRA, 2007). The said body Mumbai and usually recuses from hearing is established under a such matters. legislative provision in furtherance of the decision in Tulsiwadi. The AGRC is a quasi -
judicial body
requiring special
knowledge. The
situation of slum
rehabilitation in
Mumbai requires
consideration of lack
of space and density
in Mumbai. The
members of the
AGRC are all
experts in planning
laws and housing
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policies in Mumbai.
2. On sittings of the
AGRC, please refer
to the response in
point 6(1) in Table 6.
3. The SRA will
consider taking steps
to set up a dedicated
registry for the
AGRC for better
case management.
2. Separate unit For timely enforcement of the orders Section 33 and SRA ought to have separate units No. Section 33 and T-7 The SRA already has a
for eviction in passed under Sections 33 and 38 of the 38 established for undertaking the 38 Special Cell which handles
Slum Slum Act, there is a requirement of the task of providing adequate security evictions and demolitions
Rehabilitation help of police force and demolition team. force and as well as have a under the Slum Act. Police
Scheme However, the police department being dedicated unit for carrying out help, as and when required,
overburdened is not able to provide demolitions in a timely manner. A is sought from the police.
adequate police force due. similar suggestion is already
contemplated under the draft
housing policy 2024.
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3. Since the SR The SRA currently embodies multiple There is an urgent need to T-6 The SRA engages
Scheme has roles: implementer, adjudicator as a quasi- understand and reassess the professionals as and when
been judicial authority, project rehabilitation complex issues that the slums there is a need to conduct
formulated, it and also reviewer. Thus, there is absence represent and the schemes should studies for better
has never been of independent body to undertake this task be molded accordingly. It should implementation of schemes.
evaluated or which is necessary. not be a one-time study, but it is
reviewed. required that a body be instituted to Measures such as advanced
Multiple conduct multiple, relevant studies Software, inputs from
changes have which can then be considered by Engineering department,
been affected the SRA for implementation. Rent management system,
in the scheme, Auto - DCR, Auto -
but there has Annexure II are useful.
been no
comprehensiv
e review and
evaluation of
the scheme;
lack of
independent
monitoring
evaluation and
review body
of the scheme.
4. Appeal and Non action by the authority and prologues Guidelines by the Appeal should be decided by the Already guidelines Guidelines T-1 Please refer to the response
2nd Appeal for Hon'ble Bombay authority in 30 days by Hon'ble Bombay an in point 2 in Table 1.
eligibility high court High court d circulars
should
include in the
slum act
5. Appeal before Non action by the authority and prologues Guidelines by the Appeal should be decided by the Already guidelines Guidelines T-1 Please refer to the response
AGRC Hon'ble Bombay authority in 30 days by Hon'ble Bombay an in point 2(2) in Table 1.
high court High court d circulars
should
include in the
slum act
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6. Section Whilst this provision is intended to protect Section 35 of the This right of appeal should be No. T-1 The AGRC is the first
35(1A) the rights of individuals, it is abused by Slums Act restricted to orders which are appellate authority for
enables any persons with vested interest to delay slum patently illegal. The AGRC should Directive can be orders passed by the CEO
person to rehabilitation scheme. be restricted from adjudicating the issued narrowing which pertain to substantive
challenge any merits of dispute and the challenge the scope of appeal matters such as declaration
notice, Given the wide scope of the provision, it should be restricted to any act of and nature of orders of a Slum Rehabilitation
direction, promotes litigation as it enables any CEO which is contrary to the law, which can be Area (Section 3D),
decision, person who may not have a legitimate akin to Section 34 of the challenged. Further, notifying a slum
order, interest in the redevelopment to challenge Arbitration and Conciliation Act, challenge should be rehabilitation scheme
permission or an order of CEO. 1996. restricted to patently (Section 3B), appointment
approval given illegal orders and of developers (Section 3B),
by the CEO appellate authority change of developer
SRA should not review (Section 13(2)). These are
before AGRC. the orders of CEO significant powers and
and/or other SRA therefore, to maintain
authorities orders on balance, the AGRC has
merits. been vested with wide
powers to decide all orders/
decisions/ notices/
declarations passed by the
CEO.
Proceedings under the Slum
Act cannot be compared to
an award passed under the
Arbitration Act.
Given the above reasons, it
would be grossly unfair to
all stakeholders under the
Slum Act to restrict the
powers of the AGRC.
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7. Adjudicating Availability and sitting of AGRC: Sec. 35 of Slum Records / database of pending and T-9 1. On sittings of the AGRC,
mechanism Act. disposed of proceedings before please refer to the
under slum act Records available on Apex Grievance AGRC / GRC, may be called for response in point 6(1) in
is ineffective. Redressal Committee's [In short Order dated consideration. Table 6.
'AGRC'] website show that they 19.07.2019
assemble on an average 12-13 times a year passed by this To appoint retired High Court 2. On the matter of the CEO (i.e. once in a month). This has created Hon'ble Court in Judge as Chairman of AGRC, being a member of the huge backlog of cases before AGRC. the matter of similarly, retired District Judge as AGRC, the CEO - SRA Database available on website concreates Aslam Hasimali Chairman of GRC [as observed by recuses himself from the this plight. Such non-availability of Shaikh v. State of this Hon'ble Court in the matter of quorum when the orders AGRC opens flood- gate of litigation at Maharashtra in Aslam Hasimali Shaikh v. State of passed by CEO - SRA Hon'ble Bombay High Court u/a 226 / Civil WP No. Maharashtra in WP No. 5600 of are being considered by
227. 5600 of 2019. 2019], which should be fulltime, the AGRC.
sitting on daily basis.
Orders / directions of Chief Executive 3. On the issue of GRC Officer, SRA [In short 'CEO-SRA'] and Procedure be provided for listing of sitting, the GRC will delegated authorities / officers of CEO- urgent matter, before AGRC / GRC increase its sittings. SRA are challenged before AGRC. and Appellate Authority. Ironically, CEO-SRA is also member of 4. On the issue of case AGRC. This also goes against the judicial Application / Appeals etc should be management, please principle of nemo judex in causa sua (No decided strictly on seniority basis, refer to the response in one should be a judge in their own cause). except in cases of urgency, which point 1(4) above. Conflict of interest in constitution of should be recorded in writing. AGRC cannot be ruled out. 5. On appointment of Hybrid Hearing System (physical judicial members to the Availability and sitting of GRCs: and online) must also be AGRC, please refer to established and implemented. the response in point 6(1) Same difficulties is apparent before 02 in Table 6. (two) Grievance Redressal Committees Dashboard may be directed to be [GRC's], except conflict of interest. created for cases pending and 6. On hybrid hearing disposed of cases before AGRC, systems, please refer to Moreover, members of AGRC / GRC GRC's, Additional Collectors, the response in 6(4) in being bureaucrats already having different Competent Authorities and ARS. Table 6. charge, their availability also at times becomes difficult. Appellate Authorities (including 7. The SRA will maintain a GRC) should have powers to dashboard for cases Numerous Praecipes / Applications are declare eligibility and issue pending and disposed of filed for listing of Appeals, however, supplementary Ann - II [now the before AGRC, GRCs, those are not listed. It escalates the plight Appellate Authorities despite Additional Collectors, of slum dwellers and opposite parties, as coming to the conclusion that the Competent Authorities their is no proper procedure for listing of slum dweller is eligible, does not and ARS. urgent matters. decide eligibility, but remands back the matter to Competent Authority, 8. For introducing or Applications and Appeals of sec. 33 / 38 for deciding eligibility. This reducing timelines for proceedings and Developer's compels the slum dwellers to file GRC and AGRC to Applications are given priorities. Appeals multiple litigation to decide their decide appeals, please for transit rent and other grievances are eligibility. refer to the responses in kept pending and unadjudicated before Sr. Nos. 4 and 5 above. Authorities / GRC / AGRC for years. Application for deciding eligibility should be numbered and decided 9. On Appellate Authorities There is no proper procedure followed expeditiously and in any case issuing supplementary before the Authorities / GRC / AGRC, within 30 (thirty) days, that too Annexure-II, the Page 383 119 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:15 ::: resulting in multiplicity of litigation. strictly as per seniority list of date Appellate Authorities of Application. will have to be notified There is no regular sitting of GRC / as a Competent AGRC / Appellate Authority. Because, it is seen eligibility Authority under the Applications are kept pending for Slum Act. This would These Appellate Authority/ Committee months and years and when it create a legal anomaly in decide substantial rights of the litigants, comes to eviction of the slum the Slum Act. Instead, however, not being judicial members, dwellers, the same is decided the Appellate Authorities their orders at times are non - judicious within weeks. At times, it is also will, going forward, and erroneous, therebymakingthe seen out of turn Applications are include a remark in their remedy meaningless. decided. order requiring the Competent Authority to To appoint a Guardian Judge of issue supplementary Bombay High Court for AGRC / Annexure-II in a GRC. specified timeline and send a report to the Appellate body.
8. Constitution The Grievance Redressal Committee / The concept of The AGRC / GRC should consist of Issuance of T-8 1. On sittings of the AGRC, of AGRC, Apex Grievance Redressal Committee the High- three / five permanent members, notification under please refer to the frequency of ("GRC"/"AGRC") do not regularly hold Powered that have the sole responsibility of Section 34A(1) and response in point 6(1) in functioning, hearings and as a result, appeals are Committee hearing matters placed before it Section 34B(1) Table 6. and pending before AGRC for years. The started with coupled with a power to delegate its published in the background of simple issue here is that the AGRC decisions of this functions to one or more of its Official Gazette for 2. On actions under Section members. convenes at a fort-nightly interval and Hon'ble Court. It members [not third person] reconstituting GRC 33, please refer to the further needs a quorum of 3 out of the 5 was a temporary depending on the workload. and AGRC. response in point 3(2) in members. mechanism. Table 2.
Thereafter, GRC State Government to formulate To make rules and Additionally, even on the orders finally was constituted rules and procedure under Slum regulations under 3. The GRC Rules deal being passed by the GRCs, the same are under Section Act dispensation of functions of Sections 3V and 46 with the rules and challenged by the aggrieved person/s 34-A of the Act AGRC / GRC. of the Act, for the procedure of the AGRC before the Hon'ble Bombay High Court, and the powers, functions and the GRCs. Rules and which in turn extends the timeline of the committee has It is necessary to have the and procedure of procedures for the disputes, as the rehabilitation project received Committees functioning full-time, GRC and AGRC. functioning of the AGRC remains at a standstill. statutory on all weekdays, to resolve the and GRC under the Slum recognition. issue of pendency. Act are already existing. Furthermore, merely once an appeal is preferred by the slum dwellers mainly in Accordingly, provisions of the case of eviction proceedings, SRA officers Section 35 of the Act/Notifications therein need to be themselves prefer not to take action on the Act. amended. basis of appeal/ application being is lodged. There is an administrative failure among the ranks of the SRA officers to dispense action on basis of orders if mere appeal is filed despite the clear words under Section 35(3) that state that mere filing of an appeal shall not operate as a stay. This leads to fixed costs of the developers like transit rent, admin costs, interest costs never cease which push the Page 384 120 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:15 ::: project towards becoming financially unviable.
The members of the Committee are senior civil servants already burdened with their existing responsibilities, coupled with functions of AGRC/ GRC and therefore, unable to hear the matters in a timely fashion.
9. Non (i) Several provisions of the Act, such as A public body comprising Yes Establishment A-9 The SRA is already under compliance mandatory consultations with slum representatives from NGOs, slum of a Public the supervision of the State with legal residents and legal protection against dwellers, legal experts, and Monitoring Government and the AGRC safeguards eviction without due process, are government officials should be Body is under the supervision of frequently bypassed by developers. established to oversee the progress the Bombay High Court.
(ii) The failure to establish robust legal of SRA projects and ensure mechanisms to protect slum dwellers' compliance with statutory rights has allowed for unchecked provisions exploitation of vulnerable communities
10. Lack of Developers often engage in non- Timely Audits of SRA Projects - Yes Developers A-9 1. There is a grievance Transparenc transparent practices, such as Independent audits of ongoing SRA failing to meet redressal cell in the SRA y and misrepresentation of project timelines, projects should be conducted the prescribed that hears slum dwellers Accountabilit non-disclosure of financial statements, regularly to evaluate the financial timelines or complaints every day y and Delay and withholding of project progress management, timelines, quality of engaging in between 3 - 5 P.M. in Project information from slum dwellers construction, post construction corrupt Completion The absence of a public grievance defect redressals, and compliance practices should 2. On developers not facing redressal mechanism results in prolonged to the terms and conditions of the face stringent penalties, as per Section disputes, with slum dwellers left in Letter of Intent issued to the penalties and 13(2) of the Slum Act, if precarious living conditions Developer by the Engineering these should be the CEO is satisfied that Department of the SRA. clearly and any land in a slum Several SRA projects have remained There has to be a deterrent indisputably rehabilitation area has incomplete or delayed beyond reasonable mechanism within the framework delineated been or is being timelines, leaving slum dwellers without of the Act for Developers who fail within the developed by the adequate housing for extended periods. to comply to the terms and framework of owners, landholders or Developers and contractors frequently conditions of the Letter of Intent the Act. The occupants or developers cite financial difficulties or bureaucratic developers who in contravention of the hurdles as reasons for delay, without fail to adhere to plans duly approved, or facing penalties for non-compliance. the contractual any restrictions or terms of the conditions imposed Letter of Intent under sub-section (10) of of the section 12, or in Page 385 121 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:15 ::: Engineering contravention of any Department of provision of any Slum SRA should be Rehabilitation Scheme subject or any condition to penalties, specified in the approval including or has not been financial developed within the restitution to the time, as specified under affected slum such conditions of dwellers approval, he may, an determine to develop the d possible land by entrusting it to debarment from any agency or the other future projects developer recognized by him.
3. On independent audits, please refer to the response in point 2(2) in Table 6.
4. On blacklisting from future projects, please refer to the response in point 7(6) in Table 3
5. Currently, where any matter involves an element of criminality, a complaint can be filed before the High - Power Committee - Anti-
Corruption Bureau.
11. Curtailment of Slum dwellers are not allowed to raise There should be participation of the A-10 Please refer to the response Slumdwellers issues regarding illegality in the SR slum dwellers and mechanism to in point 10(5) above. right to object Scheme and their scope is limited to rehab address the objections and against tenement. illegalities of the SR scheme by illegalities of proper mechanism within Developers stipulated time period.
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12. Delay in CEO, SRA after completion of the AGRC be dissolved and a separate A-10 1. On sittings of the AGRC, passing orders hearings given by him in the matters of u/s three-member Tribunal of retired please refer to the for change of 13(2) of the Slum Act, never passes the High Court Judges be appointed to response in point 6(1) in developer order to the extent of one year or more and hear the matters on day to day basis. Table 6.
though the reminders are given. In the same manner, separate courts Various appeals and applications are filed at City Civil courts be appointed in 2. The AGRC was set up as before the apex grievance redressal place of the Grievance Redressal a quasi - judicial body committee thereby challenging various Committee. within the Slum Act to important issues including the orders hear appeals against the passed by the CEO/SRA as well as the orders of the Appellate. order u/s 33 & 38, orders passed u/s 13(2) The officers on the for change of developer etc. The issues AGRC have on-site challenged before are of the great concern experience in planning, of the slumdwellers. But it has been administration and observed that the AGRC is sitting once in dealing with citizen 15 days that is two times in the month. As claims. A judicial the members of the committee are the member is not needed at bureaucrat and officers, they are not able the moment. to give the time for hearing the pending matters as they are already loaded with their assignments. Further, the orders are being passed with delay. There is inordinate delay in getting the justice to the applicants before the AGRC and thereby the applicants has to either surrender or settle the matter with the developers without getting the justice.
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13. Effectiveness 1. Every matter must be decided A-11 1. The SRA will consider of statutory within a specific time. undertaking a remedies 2. Every matter must be filed in a comprehensive study of specific format with required inputs all the timelines under to avail remedy. Absolute frivolous the Act along with complaints must attract a penalty. instances where the Slum
3. Every respondent must file a Act does not provide response in a specific format with timelines for crucial the required inputs to deny remedy decisions.
to the applicant. Absolute frivolous or delayed defence must attract a 2. On penal action against penalty. developers, please refer
4. Every Order passed must have a to the response in point direction for effective and timely 10(2) above. The State implementation. Government will suggest
5. Whenever a court passes any to the State Legislature order, it must write it in a specific to strengthen the penal standardized format and write provisions under the applicable sections etc so that imp Slum Act to deter non- contents must be searchable. A compliance.
database accordingly shall be maintained which shall be used in the next identical cases by all concerned.
6. Every illegality, breach, violation, non-compliance, delay, failure, negligence and omission must be attached at least with a monetary penal action or reduction in benefits.
7. High Court must review every new law from constitutional and other perspectives in a time bound schedule.
8. Law commission must provide a periodic review of all decisions.
9. Similarly, an existing law must be reviewed by the High Court by taking inputs from Law Commission Reports.
14. Notice and The current legal framework provides Amend the law to mandate pre- Yes A-16 All hearings under the Slum hearing only for post-decisional appeals before the decisional hearings Act are conducted before requirements Slum Tribunal passing orders.
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15. No No independent judicial/quasi-judicial The establishment of an A-17 1. On appointment of independent dispute resolution forum exists to decide independent Slum Rehabilitation judicial members in the judicial / slum matters Tribunal is proposed to separate the AGRC, please refer to quasi-judicial judicial function from the the response in point 6(1) dispute implementing authority. This in Table 6. resolution tribunal would serve as an impartial forum arbiter for disputes arising from the 2. As stated by the Hon'ble implementation of the Slum Bombay High Court in Rehabilitation Act. Indeed, the Tulsiwadi Navnirman AGRC can be re-purposed and CHS and Ors. v. State of headed by a retired High Court Maharashtra and Ors. judge to ensure transparency and (2008(1)BOMCR1), public confidence in the "111. We have actually functioning of the authority (and not nor should it be insulating it from political understood that we have influence). in any way expressly or A statutory appeal may be provided implied restricted the to the High Court where in any scope of applicability of event the availability of a remedy in Article 226 of the Writ Jurisdiction can always be Constitution to such availed of. The High Court will cases. We have only have the benefit of a judicial indicated certain cases finding of fact by such an authority where inter- or intra-
departmental mechanism may be invoked in consonance with the scheme of the Act before approaching this Court.
Such classification is not exhaustive but is merely an indication of class of cases where the Court in its discretion may require the parties to take recourse to such remedy.
These principles are neither innovative nor new percepts but are re-
appreciation of well accepted principles.
112. Compelling the parties to file suits would neither be efficacious, alternate remedy nor would meet the ends of justice in all cases.
The controversies in
such cases are best
resolved at the
administrative level
itself as the cause of
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action is founded on
the inaction, incorrect
action or colourable
exercise of powers by
the authorities. The
records of the
authorities and their
action based upon
such matters can best
be corrected in
accordance with the
established precepts
of administrative
functioning and
executive action at
different levels of the
departments within
the framework of the
Statute."
Therefore, in view of the
technical nature of
disputes and for speedy
disposal of cases, a
statutory appeal under
the Act would not be
feasible.
16. Endless The delays are often the subject matter of Section 13(2) of Policy guidelines should be issued There is an A-27B 1. On suggested measure
delays in prolonged litigation before the the Slum Act inter alia providing for the urgent need to 1, LOI itself defines a
implementatio adjudicatory bodies under the Slum Act following: set up a timeline for every
n and such as the Apex Grievance Redressal statutory project.
completion of Committee. These disputes eventually LOI should be issued only after a mechanism for a
slum reach the Hon'ble Bombay High Court detailed timeline is submitted. regular audit of 2. On suggested measures redevelopmen under Article 226 of the Constitution. In ongoing 2 and 3, all the plans are t projects. this process, the progress of the slum Plans prepared must be discussed projects in order approved through an project suffers, often leading to delays in with the slum dwllers and copies to ensure that online system and are completion exceeding 10-15 years. should be given to them. they hence, available to ar citizens.
The various stakeholders--SRA, builders, The plan once finalized approved e slumdweller committee members and and issue of commencement completed 3. On suggested measure local slum lords in nexus with certain certificate cannot be open to strictly in a time 4, The SRA already officials, police and elected changes and amendments. bound verifies adherence to representatives, are all responsible, manner the project timeline though in different and unequal ways, for SRA should check on progress . This before issuance of CC such in-ordinate delays. every month of the various works audit and timeline before granting should 4. On suggested measure commencement certificate. be 5, it is stated that the conducted by plans are usually not Once LOI issued the developer participation of changed. The same is cannot sublet or transfer the all stakeholders. subject to any planning development rights. constraint which the Page 390 126 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:16 ::: developer encounters.
SRA should have the right to take over a project from developer in 5. On suggested measures case the developer fails to make 6 and 7, Section 13(2) progress as per its timeline. empowers the SRA to change developers in SRA may handover the project to case the developer is another developer upon due found to be in default.
process Please also refer to the
response in point 1(1)
Period from 3 years to 10 years be in Table 3.
given to developer for completing
the project depending on the size of 6. On suggested measure the project. 7, The LOI clearly specifies that for plots up to 2500 sq.m in size, SRA should engage independent the SRA gives 3 years agencies to provide project to complete the scheme assessment. and for larger plots, a 5- year period is given.
Developer must must operate and manage the project for 2-3 years 7. On suggested measures after completion to cover defects. 8 and 10, latent defect liability period is SRA should secure the transit rent already 10 years from by way of security deposit bank the completion of the guarantee from the developers scheme so as to ensure better quality.
8. On suggested measure 9, please refer to the response in point 3(1) in Table 4.
9. On suggested measure 11, Circular 210 has succeeded in considerably reducing instances of non-
payment of transit rent.
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17. Adjudicating 1. Availability and sitting of AGRC:- a) Sec. 35 of a) Records / database of pending T-10 1. On the database/ mechanism (a) As already explained in point and Sr. Slum Act. and disposed of proceedings dashboard of cases under slum act No. 6 that fixation of transit rent is a b) Order before AGRC / GRC, may be before, AGRC and GRC, is ineffective. primary problem, however, their dated 19.07.2019 called for consideration. please refer to the issue is inter-woven with the issue of passed by this b) To appoint retired High Court response in point 7(7) adjudication of grievance of slum Hon'ble Court in Judge as Chairman of AGRC, above. dwellers / occupants of Society who the matter of similarly, retired District have been paid transit rent even after Aslam Hasimali Judge as Chairman of GRC 2. On appointment of 03-04 years of their rehabilitation. It Shaikh v. State of [as observed by this Hon'ble judicial members to the is necessary to put on record that Maharashtra in Court in the matter of Aslam AGRC, please refer to AGRC only take up matters either Civil WP No. Hasimali Shaikh v. State of the response in point 6(1) expedited by this Hon'ble Court or 5600 of 2019. Maharashtra in WP No. 5600 in Table 6. 33/38 proceedings or the matter of 2019], which should be having disputed related to 13(2) fulltime, sitting on daily basis. 3. On listing of matters, [termination of Developer]. c) Procedure be provided for please refer to the Litigation related to payment of listing of urgent matter, responses in point 1(6) of transit rent has been kept in burner. before AGRC / GRC and Table 6. To demonstrate it, around 90 Appellate Authority. members of the present society have d) Application / Appeals etc 4. On hybrid hearing filed litigation for transit rent vide:- should be decided strictly on systems, please refer to
(i) Application / Appeal [L] No. seniority basis, except in the response in 6(4) in 26 of 2023 [Harishchandra cases of urgency, which Table 6. Kesharwani and Anr vs SRA]; should be recorded in writing.
(ii) Application / Appeal [L] No. e) Hybrid Hearing System 5. For introducing or
(physical and online) must reducing timelines for
24 of 2023 [Abbas Hussain
also be established and GRC and AGRC to
and Ors vs SRA];
implemented. decide appeals, please
(iii) Application / Appeal [L] No.
f) Dashboard may be directed to refer to the responses in
27 of 2023 [Abdul Samad
be created for cases pending Sr. Nos. 4 and 5 above.
Ismail Maknojiya vs SRA];
and disposed of cases before
More than 04-05 attempts have been made
AGRC, GRC's, Additional 6. On appellate authorities to last these Appeals filing praeicpe, Collectors, Competent issuing supplementary however, not even a single time matter / Authorities and ARS. Annexure-II, please refer Appeal are listed either in mentioning
g) Appellate Authorities to the response in point board or on main board.
(including GRC) should have 9(7) above.
(b) Records available on Apex Grievance powers to declare eligibility Redressal Committee's [In short and issue supplementary Ann 7. On timelines for 'AGRC'] website show that they
- II [now the Appellate deciding eligibility assemble on an average 12-13 times a Authorities despite coming to matters, please refer to year (i.e. once in a month). This has the conclusion that the slum the response in point 2 in created huge backlog of cases before dweller is eligible, does not Table 1.
AGRC. Database available on decide eligibility, but website concreates this plight. Such remands back the matter to non-availability of AGRC opens Competent Authority, for flood-gate of litigation at Hon'ble deciding eligibility. This Bombay High Court u/a 226 / 227.
compels the slum dwellers to
(c) Orders / directions of Chief Executive file multiple litigation to Officer, SRA [In short 'CEO-SRA'] decide their eligibility.
and delegated authorities / officers of CEO-SRA are challenged before
h) Application for deciding AGRC. Ironically, CEO-SRA is also eligibility should be member of AGRC. This also goes numbered and decided against the judicial principle of nemo Page 392 128 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:16 ::: judex in causa sua (No one should be expeditiously and in any case a judge in their own cause). Conflict within 30 (thirty) days, that of interest in constitution of AGRC too strictly as per seniority list cannot be ruled out. of date of Application.
2. Availability and sitting of GRC's:-
Same difficulties is apparent before Because, it is seen eligibility 02 (two) Grievance Redressal Applications are kept pending Committees [GRC's], except for months and years and conflict when it comes to eviction of of interest. the slum dwellers, the same is
3. Moreover, members of AGRC / GRC decided within weeks. At being bureaucrats already having times, it is also seen out of different charge, their availability turn Applications are decided. also at times becomes difficult.
4. Numerous Praecipes / Applications To appoint a Guardian Judge of are filed for listing of Appeals, Bombay High Court for AGRC / however, those are not listed. It GRC.
escalates the plight of slum dwellers and opposite parties, as their is no proper procedure for listing of urgent matters.
5. Applications and Appeals of sec. 33 / 38 proceedings and Developer's Applications are given priorities.
Appeals for transit rent and other grievances are kept pending and unadjudicated before Authorities / GRC / AGRC for years.
6. There is no proper procedure followed before the Authorities / GRC / AGRC, resulting in multiplicity of litigation.
7. There is no regular sitting of GRC / AGRC / Appellate Authority.
8. The these Appellate Authority/ Committee decide substantial rights of the litigants, however, not being judicial members, their orders at times are non - judicious and erroneous, thereby making the remedy meaningless.
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...Petitioner Versus THE STATE OF MAHARASHTRA & ORS.
...Respondents SUGGESTIONS PERTAINING TO MISCELLANEOUS ISSUES Page 395 131 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:16 ::: Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA No. problem identified problem existin Measure / Solution Legislative g Statutory Section(s), requires amendment Reforms Regulation(s), Rule(s), of law by Legislature Circular(s), Guideline(s) and / or Judgment(s)
1. Categorization and Encroachment on REGULATION INCENTIVIZE THE CLEARING AND The proposed measure Under the T-4 SRA is considering introducing a declaration of public reserved public open 17(3)(D)(A)(2) OF THE MAINTENANCE OF RESERVED may be implemented by provisions of cluster redevelopment approach in open spaces reserved spaces by slum DEVELOPMENT PUBLIC OPEN SPACES: an administrative Regulation which two or more slums present within for recreational use dwellers and a failure CONTROL notification/circular 33(10), sub-para a ward / within a distance of 5 kms with as "slums" under the of the State AN One way to achieve this is to allow under the provisions of 10 of the DCR the adjoining ward can be redeveloped Slum Act machinery to free up D PROMOTION for the amalgamation of slum Regulation 33(10) 2034, it is and rehabilitated at one place. This the public open REGULATIONS rehabilitation projects declaring all reserved permissible for would free up the other plots which have Perpetuation of the spaces FO contemplated on open spaces with public open spaces as the SRA to club been considered a part of the cluster problem of R GREATER MUMBAI, other slum rehabilitation schemes vital public projects. two or more redevelopment. This approach would overcrowding in 2034 (DCR): in the same ward (which are not on rehabilitation enable redevelopment of slums which slum areas and open spaces). projects. This are currently not feasible to be failing to remedy (i) Any plot/layout provision may be developed as slums due to planning overcrowding in having area under non- Utilization of FSI from the area of invoked in order constraints or by virtue of being very rehabilitation buildable/open space the public open spaces designation to club small plots. Such slum plots may premises/areas on reservations that has actually been encroached rehabilitation become feasible for redevelopment as a account of the admeasuring up to 500 on may be permitted on other schemes so as to cluster redevelopment with other slums. complete failure to sq. m shall be cleared by proposed slum rehabilitation ensure the maintain adequate, shifting the slum- schemes in the ward/area, whether preservation of Due to this approach, slum on accessible public dwellers from that site. or not the same are on a contiguous reserved public reservations & amenity spaces can be open spaces parcel of land. In lieu of the same, open spaces. planned in better way and the same may
(ii) Where the area of the cleared plot would stand lead to freeing up of amenity spaces due site having non- surrendered to the MCGM. The to shifting of slums on another plot. The buildable/open space provision of such TDR/FSI would SRA is considering the viability of such reservation, is more then allow the designated reserved proposed measure. Accordingly than 500 sq. m such sites open spaces to be cleared and legislative amendments will be may be allowed to be maintained as public open spaces. proposed made for cluster developed for slum redevelopment.
redevelopment subject to
condition that the ground
area of the land so used TREATING THE
shall not be more than CREATION/RESERVATION AND
65% of the reservation MAINTENANCE OF PUBLIC OPEN and leaving 35% SPACES AS VITAL PUBLIC rendered clear thereafter PROJECTS:
for the reservation.
In the alternative to the foregoing, reserved public open spaces should be treated on par with vital public projects under the Regulation 33(10), sub-para 3.11 which provides that slum-dwellers may be accommodated on unencumbered land (by making provision for Page 396 132 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:16 ::: Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA No. problem identified problem existin Measure / Solution Legislative g Statutory Section(s), requires amendment Reforms Regulation(s), Rule(s), of law by Legislature Circular(s), Guideline(s) and / or Judgment(s) adequate TDR on such unencumbered land) and not rehabilitated in situ on the original plot. In view of the scarcity of public open spaces in the city of Mumbai, it is imperative that public open spaces be treated with the same significance as vital public projects.
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2. Projects are Mortgage of the No Provision Stage wise completion of Provision missing Provision for the T-1 The said issue has been answered in prolonged Development right. construction should be submitted legislation for restraining such Table No. 6.
before the authority monthly. restraining such practice practice is is required required Bar Chart of work governing various stages of construction should be submitted prior to initiation of construction and if delay is observed there should be specific reason justifying the same and stringent action should be taken on failure to comply with it.
3. less no of Developer and some No Provision Instead of allowing the Developer Yes present legislation Once the T-1 1. As regards generation of PAPs, there is PAP slum dwellers to sale flat that could be taken by requires amendment Biometric survey now a policy formulated by the State generation the State and sale in open market by is conducted there Government as stated above, which way of lottery for instance like should not be ensures handing over and generation of MHADA limiting the role of the resurveying of PAPs. Developer to Contractor. plot should not be allowed. 2. As regards bio-metrics, the same has Biometric survey for proper been answered above. The process of Auto identification of number of Slum - Annexure II and biometrics is being Dwellers and limiting the undertaken by the SRA already. multiplicity of Number of slum Dwellers.
Page 398 134 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:17 ::: Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA No. problem identified problem existin Measure / Solution Legislative g Statutory Section(s), requires amendment Reforms Regulation(s), Rule(s), of law by Legislature Circular(s), Guideline(s) and / or Judgment(s)
4. The statute and the The procedure to be Circular 144 read with The rule/regulation/condition to Yes T-2 Obtaining consents is a requirement ancillary rules and followed by a Circular 144A read with take consent of slum dwellers to under the DCPR and the same has been regulations do not go landowner to carry Section 13(1) of the said redevelop for their benefit should recognized as a fundamental requirement beyond recognition out slum Act be dispensed with in the case of by various judgments of this Hon'ble of the preferential rehabilitation is landowners developing his own Court and the Hon'ble Supreme Court of rights of the extremely land. India.
landowner cumbersome and does
not bestow any The said Act ought to be amended The suggested measure of deletion of the
Preferential right is advantage or in so far as that on an application requirement of consents requires
only a right of first incentivize a being made by the landowner to the legislative amendment.
refusal and does not landowner to SRA for sanctioning a scheme, the
confer any complete slum dwellers should not have any
preference and/or rehabilitation of slum say as the expertise for ensuring a
advantage as sought dwellers on his land beneficial development for
to be alleged. rehousing the slum dwellers is
available with the SRA.
Upon the SRA
identifying the
eligible slum dwellers Once the owner submits his
and certifying draft application for development
annexure II, the alongwith all annexures, the criteria
landowner is required for eligibility should be completed
to obtain 51% consent by SRA in a time bound period.
of the eligible slum Further, a thorough scrutiny should
dwellers, as identified be carried out at the inception itself
by SRA and a general with respect to the title of the
body resolution from landowner alongwith consent of
the proposed society co-owners, so as ensure that there is
of the slum dwellers no litigation when the proposal
in this regard. filed by the landowner is at an
Without such a advance stage.
consent the proposal
cannot be accepted
finally.
A landowner's
scheme is withheld, at
the instance of certain
unscrupulous
elements with vested
interests, due to
alleged lack of
consent from the slum
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
dwellers, who
themselves have
negligent
understanding of the
process of slum
redevelopment. Thus,
after having invested
significant sums, the
landowner may be left
in lurch as his
proposal maybe
rejected at the stage of
LOI due to lack of
consent.
5. Valuable property There are no An Owner is defined To amend the said Act by Yes. A separate chapter T-2 The provisions contained in the Act
rights of such provisions in the said under section 2(f) of the introducing a distinct chapter with ought to be recognize the rights of the owners to carry
entities/individuals Act to specifically said Act provisions, rules and regulations introduced in the out slum schemes and are sufficient. The
have been address and/or protect specifically dealing with the rights legislation to set same is also a subject matter of various
unreasonably and the rights of a Section 2(c-a) of the of landowners. out the rights of judgments where the Hon'ble Bombay
arbitrarily sought to landowner with said Act defines a landowners under High Court has interpreted provisions of
be deprived by slum respect to his developer as an agency the said Act the Slum Act and set - out the rights and
dwellers at the behest ownership of a slum appointed by the Chief including the liabilities of owners of slum encroached
of entities with encumbered land Executive officer (SRA) manner in which a lands.
vested interest. and/or his intent to landowner can
redevelop such a land. Section 2(e) of the said commence
Act defines an occupier redevelopment of
his own land.
Section 2(h-a) defines
slum lord.
6. Multiple Litigations The scope of Frivolous litigation filed by parties T-2 A blanket prohibition from initiation of
filed by parties with challenge to any act with vested interests ought to be proceedings concerning lands owned by
vested interest in of statutory curbed in order to incentivize a private owners may amount to violation of
schemes filed by authorities in exercise landowner to redevelop his own principles of natural justice. In any case,
Landowners of their powers under land expeditiously and uphold the presently, while declaring the lands as
the said Act is wide, objects of the said Act SRA under Section 3C gives notice to the
which land owner and interest persons only. The
promotes The power to challenge any hearing in that sense is restricted.
incessant proposal for redevelopment filed .
litigation and by a landowner should be restricted
further derails in a manner that a proposal filed by
redevelopment a landowner can only be set aside
proposals filed by for blatantly contravening the
landowners. provisions of the said Act.
The said Act ought to be lucid
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
enough to restrict parties from
challenging proposals on frivolous
grounds such as title disputes,
technicalities, minor procedural
faults or delays in filing proposals
and the larger intent i.e. to
redevelop slum encroached lands
and rehabilitate slum dwellers
ought to be prioritized.
There should be a bar on private
parties seeking to challenge on
frivolous grounds a proposal filed
by the landowner. There should be
legal prohibition against any
litigation to prevent the
redevelopment.
7. Landowner's 120 days is not Section 13 of said Act After a particular property is T-2 The said issue is already addressed
preferential right to sufficient for declared as slum under section above. The same is pending adjudication
develop his own landowners to file all 3C(1) of the said Act, SRA should before the Hon'ble Supreme Court of
property annexures and call upon the landowner, by written India.
particularly Annexure communication, to file his proposal
II. to redevelop the said property, as
observed by this Hon'ble Court in
Landowners face Bishop John Rodrigues vs State of
vexatious objections Maharashtra (2024 SCC Online
from slum dwellers Bom 1632)
who are backed by
3rd party agencies to
thwart development
by landowners.
8. Under the present The Societies / slum Clause 4.2 of the This problem can be addressed by Clause 4.2 of the Clause 4.2 of the The said issue is addressed hereinabove.
statutory scheme, dwellers often Appendix-VIII laying down certain guidelines Appendix-VIII of Appendix-VIII of Circular 210 adequately covers the issue
before slum dwellers demand higher rent / o authorizing SRA officials / Asst. Regulation 33(10) of Regulation 33(10) of non - payment of rent. As stated
vacate their exorbitant amount of f Regulation 33(10) of Registrars of Societies, SRA to fix DCPR 2034 is required of DCPR 2034 above, the SRA is considering fixing a
respective hutments, transit rent from the DCPR 2034. the quantum of transit rent. to be amended. shall be amended base rent.
the Developer is Developers. so as to authorize
either required to ARS, SRA to fix
provide transit transit rent to be
accommodation or Moreover, these given to slum
transit rent. transit rents are often dwellers who
considered as shall be shifted
alternative source of out of the property
Disputes arise on income and therefore, for implementing
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
account of the slum Society are very the S.R. Scheme.
quantum of transit persistent The proposed
accommodation rent in demanding change in Clause
which is to be decided hi 4.2 of the
between the proposed gher transit rents. Appendix-VIII of
Society and the Regulation 33(10)
Developer as per of DCPR 2034
clause 4.2 of the can be considered
Appendix-VIII of to be made as
Regulation 33(10) of follows:
DCPR 2034. "4.2 The
eligible slum
These disputes dwellers shall be
between the shifted to
Developer and the temporary transit
Society result into rent or on rent as
litigation that stymie may be decided by
the progress of the ARS, SRA after
slum rehabilitation taking into
schemes. account
prevailing
circumstances."
9. Obstruction by Such persons file Section 2 (e) Annexure - II must be finalized by No. T-3 The SRA is in the process of introducing
persons having or Civil suits in the Civil - definition the concerned authority in a timely the system of auto - Annexure II by
claiming to have Court and obtain of Occupier manner. Some outer limit must be relying on biometrics. This will ensure
some rights in the restraining orders prescribed for finalisation. that the list of slum dwellers is readily
land, which rights are which hamper the Section 2 (f) definition available. This will also ensure that the
lesser than progress of Slum of Owner Section 42 must be strictly developer and the SRA is aware of all
ownership, or, not Rehabilitation implemented. There must be persons interested in the scheme. Any
absolute, which may Schemes possibly Section 42 of the Slum Judicial clarity on this aspect by litigations filed by persons other than
be in the nature of with a view to cause Act holding that persons only having these recognized interested persons may
leasehold rights, their names to appear monetary claims or seeking to raise accordingly be dealt with.
tenancy rights etc., in Annexure - II or as Section 149 of MRTP monetary claims, but who are not in
and such persons are an extortionary tactic Act possession of any structure or any
not Occupiers. Such to make a bonanza at part of the land on which the Slum
persons may have tremendous SRA circular No. 167 Redevelopment Scheme is to be
th
some right or may inconvenience to dated 30 December implemented and who are not
require to establish Slum Rehabilitation 2015. landowners, are prevented from some rights, since Scheme, the other bypassing the provisions of section they are not in eligible slum dwellers 42 of the Slum Act and section 149 occupation / and the landowner. of the MRTP Act.
possession of or on
any part of the private This Hon'ble Court must hold and
land. Such persons clarify that the Slum
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
resort to litigation to Redevelopment Project in its
stall the entirety should go ahead and, if
Redevelopment required, a certain portion of the
Scheme and / or to area in the Freesale Component
seek injunctive should be kept unencumbered as
reliefs in respect of security for the Plaintiff if he
implementation of succeeds in proving and
the Slum establishing his monetary claim.
Rehabilitation Such an approach would hasten
Scheme. many Slum Redevelopment Projects
which are languishing due to
injunctive orders having been
passed by the civil court.
10. Jurisdiction of Slum That Slum Sec. 2(19) of MR&TP It should be clarified that SRA is T-9 The provisions in the MRTP, the Slum Act
Rehabilitation Rehabilitation Act. having jurisdiction only in respect and the DCPR - 2034 are clear in this
Authority [SRA] Authority [In short of 'Slum Rehabilitation Area' regard. The SRA was introduced as a
'SRA'] is appointed Sec. 3C and 3D of the declared u/s. 3C of the Slum Act planning and execution body for slums in
as 'Special Planning Slum Act. and not otherwise. Mumbai.
Authority' only
in respect of 'Slum
Rehabilitation Area'
declared u/s. 3C of
the Slum Act, as
provided u/s. 2(19)(b)
of MR&TP Act.
Further, once an area
is declared as 'Slum
Rehabilitation Area'
u/s. 3C of the Slum
Act, a substantial
provision of the Slum
Act, stands amended /
modified qua such
'Slum Rehabilitation
Area', as provided u/s.
3D of the Slum Act,
thereb
y empowering SRA to
exercise various
powers under Sum Act
[for example eviction
(sec. 33),
demolition (sec. 38),
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
cancellation of
appointment of
Developer (sec.
13(2)) etc], thus, the
legislative intent is
also to appoint SRA
as 'Special Planning
Authority' only in
respect of 'Slum
Rehabilitation Area'
and not otherwise.
Thus,
above provisions
make it amply clear
that prerequisite for
SRA to claim as
'Special Panning
Authority', is
declaration of an area
as 'Slum
Rehabilitation Area'
u/s. 3C of the Slum
Act, and not
otherwise.
However, SRA as
'Special Panning
Authority' is granting
approvals also in
'Censused Area' and
'Slum Area', which
are not declared as
'Slum Rehabilitation
Area', which is in
violation of Sec. 2(19)
of the MR&TP Act
r/w. Sec. 3C of the
Slum Act.
By claiming status of
'Special Planning
Authority', SRA is
also granted
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
permissions in
'Censused Area' of
MHADA Land and
Corporation Land,
however, the same is
again contrary to Sec.
2(19) of the MR&TP
Act r/w 3C of the
Slum Act.
11. Cancellation of Sec. 13(2) of the Slum Sec. 13(2) of the Slum Sec. 13(2) of the Slum Act, should T-9 Presently, the SRA is reviewing all
appointment of Act, empowers CEO- Act be more elaborate; schemes at each stage when the developer
Developer [sec. 13(2) SRA to cancel approaches the SRA for seeking
proceedings] and appointment of the Time limit, should be prescribed permissions. In the event it is found by
appointment of new Developer, in event of stage wise and in case of failure to SRA that the scheme is inordinately
Developer- delay or non- abide by the same, without delayed, the SRA has the power to initiate
fulfilment of satisfactory reasons, proceedings proceedings suo - moto under the Slum
obligations under the u/sec. 13(2) of Slum Act, should be Act.
Scheme. initiated and triggered suo-moto by
SRA. The SRA is considering introducing a time
At times, it is also frame within which the proposed project
seen that Sec. 13(2) Similarly, in case of default of would be developed. The said time limit
proceedings are obligation or any act or omission will be specified in the LOI itself. In the
initiated at the behest contrary to the S. R. Scheme, then event of failure to comply with the time
of rival Developer, by also proceedings u/sec. 13(2) of frame mentioned in the LOI depending on
hijacking the Slum Act, should be initiated suo- the scale of the project, the SRA will
Committee, with no moto by SRA. consider taking further steps against the
actual default on part developer.
of the appointed Once appointment of Developer is
Developer. cancelled under 13(2) proceedings,
then SRA should appoint some
It is observed that a competent Developer by calling
rival / competing Tender and it should not be left to
Developer influences the Society, to avoid influence of
/ lures the slum rival Developer.
dwellers and
committee members, In case of already S. R. Scheme
terminates the sanctioned on MHADA Land and
existing Developer MCGM Land, if there is delay by a
and appoints himself. Developer in completing S. R.
This Project, the Developer's
create appointment be terminated u/sec.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
s unhealthy 13(2) of the Slum Act and
competition and focus redevelopment of S.R. Project may
from rehabilitation be proceeded by MCGM or
shifts to MHADA, as the case may be.
commercialization of
S. R. Projects. In the event S. R. Scheme is
incomplete in a private land, the
auction of project through
transparent procedure be invited
from interested developers
(including planning authorities).
This shall prevent illegal - trading
and competing element at bay. It
shall reduce the litigations before
various forums, including the High
Court.
In the event of appointment of
Developer is cancelled u/sec. 13(2)
then such Developer, its Partners /
Directors should be black listed
from being appointed as Developer,
in any future S. R. Projects.
12. In respect of With regard to To abolish ACB - AGRC / HPC as T-9 HPC-ACB is constituted by Hon'ble
commission of offences committed the same was in violation of High Court in Shailesh Gandhi's Case, the
cognizable offences in S. R. Scheme, Cr.P.C., 1973 and/or now B.N.S.S., Hon'ble High Court has given findings
while implementing Complaint has to be 2023. and reasonings for constituting HPC-ACB of the Scheme, matter firstly filed before in para 16 of the said judgement.
are referred to ACB - AGRC and
A.C.B. - AGRC, then pursuant to Since, the formation of HPC-ACB, this
contrary to Cr.P.C. outcome of said committee has been adjudicating various
Complaint, further numbers of the complaints and various
course of action is order passed by HPC-ACB. Some of the
decided in the matter. orders are challenged in Hon'ble Bombay
High court and Apex Court, however, no
This is in blatant court has raised any queries in respect of
violation of criminal powers of HPC-ACB. As such there is no
jurisprudence. Once requirement of constituting any other
cognizable offence is authority, instead of HPC-ACB. It is
disclosed then there important to note that various activist are
should be FIR lodging false and frivolous complaint
registered at once. against the officials of SRA which leads to
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
However, due to harassment of officials and it would be
creation of ACB - rather very difficult for every government
AGRC, FIR/s are not official to discharge his duties
registered despite independently, if everyone go on lodging
commission of false complaints.
cognizable offence.
The HPC-ACB is an independent body.
One of the invitee member is Additional
Commissioner of Police, being expert in
investigation.
In view of aforesaid circumstances,
functioning of HPC-ACB is within the
parameter of Hon'ble High Court's
Judgement in Shailesh Gandhi's case.
13. Eviction of slum Before passing of T-9 This has been considered above.
dwellers is vital for eviction Order they
implementation of must be under
the Scheme and obligation and SRA
should be shall ensure -
implemented on
urgency basis. 22 (twenty-two) months
of advance transit rent
[+11 months thereafter
post dated cheques] is
paid to eligible slum
dwellers [as provided in
Circular No. 210 dtd.
01.08.2023 and 210A
dtd. 23.02.2024 of
SRA];
11 (eleven) months of
advance rent in case of
non-eligible slum
dwellers;
compulsory survey of
slum
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
structure, in case of non-
eligible slum dweller;
As far as possible to
decide eligibility
Application, prior to
eviction.
In case of transit
accommodation, 02
(two) months prior
structural audit of transit
camp building should be
done, through some
Government approved /
recognised Agency.
14. Despite prohibition Sec. 3E of the Slum Prohibition of Sale / T-9 The same has been addressed above.
on Sale / Transfer of Act. Purchase of Rehab
Rehab Tenements for Tenements should be
10 years, the same is strictly implemented.
ineffective and there Though Orders are
is rampant sale / passed by this Hon'ble
transfer of Rehab Court in the matter on
Flats and the same is time to time, however,
also on record of the no effective steps are
Authorities, taken in this regard.
however, no
adequate and The restriction of
effective steps are transfer of tenements
taken in this regard. should be reversed back
Moreover, now the to 10 years, instead of
prohibition of 10 05 years and a survey of
years, reduced to 5 allottees and occupants
years. of
R
ehab
uilding
s
hould
b
e conducted every 3
years.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
15. Developer Approval of the T-9 The plans are sanctioned with the
unilaterally decides Building Plan / Layout, approval of the SRA. There is no require
Building Plan / should be taken from to get the plans sanctioned with the
Layout, without the General Body of the consent of the slum dwellers.
consultation from Society, before filing it
Society, thus, Society before SRA for
/ Members needs / approval.
requirements are not
given
du
e
consideration.
16. Rehabilitation of Relocation of T-9 The same requires statutory amendment.
Commercial 'Commercial Premises', As of now, the Commercial tenements are
Tenements are should be as far as being given as per the provisions of the
compromised, being possible on ground DCPR.
in small number. floor, having equivalent
locational advantage, as
existing prior to
demolition.
Rehabilitation of
'Commercial Premises',
should not be
compromised for
commercial gain of
Developer.
In case of large
Commercial Premises
[i.e. more than 225 sq.
ft. carpet area], the slum
dweller should be given
preferential right to
purchase additional area
over and above 225 sq.
Ft. at construction cost,
which construction cost
should be decided by
SRA and not left to the
discretion of the
Developer.
In this regard, at the
time of appointment of
the Developer itself, a
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
tripartite Agreement
should be executed
between Developer,
Society and SRA,
wherein, location of
rehabilitation of
'Commercial Premises,
transit rent amount and
rate of purchasing
additional area over 225
sq. ft. carpet area [upto
exiting commercial
premises area], should
be recorded.
17. Rehab Buildings are Quality of construction T-9 As regards the maintenance of the
not constructed in should be the building, the same is answered above.
time and there is too responsibility of the
much of delay. Slum Developer and same
Dwellers have to wait should be checked,
for years and in some tested and audited by
scheme for more than team of at least 03
20 years, for their (three) officers of the
rehabilitation; S.R.A every 03 (three)
The construction months, who shall be
quality of the Rehab personally responsible
Buildings are very for any future defect.
poor and in a period Further, it shall also be
of 10 - 15 years, the responsibility of the
would require further architect / RCC,
redevelopment. consultant, appointed
for the Scheme.
Any recommendation
based on Report given
by such Officers, should
be immediately rectified
within a reasonable time
specified therein and till
such rectification is
done, no further
permission should be
given to the Developer.
And in case of default,
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
Stop Work Notice
should be issued
immediately. Defect
liability should be the
essence of permissions
issued for construction of
the building for
rehabilitation of the slum
dwellers.
Incase, of Rehab
Building already
completed, the same
shall be audited by SRA
and Developer be
directed to take
necessary steps/
measures, as per such
audit,
18. It is noticed that in Fire Audit of Rehab T-9 All permissions regarding fire safety are
many S.R. Schemes, Buildings to be carried required to be complied with and insisted
Fire Safety periodically by CFO on.
equipments are and an independent
installed for name agency, essentially to
sake and the evaluate following
Occupation issues :-
Certificates
are Installation of Fire
granted by SRA Equipments, that too in
without working condition;
actua
l verification of Fire Engine movement
factual position of in the Rehab Building,
Fire Safety measures. to ensure reach to fire
The issues like affected site, incase of
smooth and fire emergency,
obstruction free
access for Fire Compulsory
Engineer around implementation of
Building Mock Drill/
are Demonstration
compromised. Fire Programs to ensure that
NOC and OC are occupants are well
issued without versed and aware to deal
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
subjective with the Fire incidents
satisfaction. in such Buildings.
It is also noticed that
in majority cases Fire
Extinguishers and
Equipments though
installed, however,
remain non -
functional, thereby
compromising with
life and property of
the occupants therein.
19. It is seen that the Clause No. 9 Corpus Fund of Rs. T-9 The SRA requires depositing Rs.
Corpus of Rs. of Regulation No. 60,000/- per tenement 40,000/- per tenement as maintenance
40,000/-[as on date 33(10) for buildings upto 10 cost. The SRA is considering increasing
provided] of DCPR, 2034. floors should be the costs.
i deposited by the
s inadequate for Developer with SRA,
taking which should be
care of the released in the account
maintenance of the of the
Rehab Building. Society immediately
Moreover, Number of upon O.C. of the building
Floors of the Rehab and for Buildings of
Building should also above ten floors corpus
be fund should be Rs.
consid 1,00,000/- per tenement.
ered, because, more
the height of the
Building, more is the
maintenance.
20. Maintenance of High Permission for High T-9 The buildings are sanctioned after
Rise Building is very Rise Buildings should considering the planning conditions on
high, which is very be avoided and instead site. Restricting the construction of
difficult for poor of one High Rise buildings to a certain height may render
slum dwellers. Building, multiple the scheme unviable.
small buildings may be
constructed on the Plot.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
21. It is seen R.G. / Open Provision for R.G./ T-9 The RG areas are to be given as per the
Space are provided Open Space in rehab provisions of the DCPR 2034.
more in Sale and sale should be same
Component. as per minimum area
Moreover, R.G. / prescribed in the DCPR
Open Space provided and provision for such
in Rehab Portion are R.G/ Open Space,
scattered, thereby should be made at one
defeating the very place for maximum
purpose. utilisation rather than
the same being scattered
on plot.
22. Benefit of Fungible Regulation No. 31(3) If the developer is T-9 The release of FSI and TDR is as per the
F.S.I [Compensatory of DCPR, 2034. taking benefit of provisions of the DCPR 2034. The
F.S.I] [Regulation fungible FSI, same utilization of the FSI and TDR is as
No. 31(3) of DCPR should be shared in specified under Regulation 33 (10) read
2034], equal proportion with with the other provisions of the DCPR.
is taken for Sale Rehab portion.
Component and the
benefit is not utilised
and shared with
Rehab Component.
23. No Parking / Though Regulation Adequate number of parking T-9 Parking spaces are provided as per the
adequate Parking provides for Parking, should be made for the rehab provisions of the DCPR.
provided in Rehab however, the same is building of slum dwellers so that
Building. not provided in Rehab approach road to slum buildings are
Building, thereby, not congested, as most of the slum
forcing the slum dwellers park their bikes / car /
dwellers to park their rickshaw / taxis on access road, due
bike / car in access to non-providing of designated
road to the Building parking space, which leads to
and ultimately congestion to rehab buildings.
leading to congestion.
In case of any
emergency,
evacuation will be
impossible.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
24. Lease / Conveyance. It is seen that after the At the time demarcation of rehab T-9 The same has been addressed above.
Scheme is complete, and sale portion, lease/ conveyance
the Developer do not should be executed in favour of
take lease / slum Society, and in any case,
conveyance in favour before issuance of O.C. No O.C.
of the Society. should be issued before execution
of lease in favour of slum society.
Incase, the Developer becomes
non-cooperative/ insolvent/
dissolved or for any other reason
unable to grant lease or
conveyance, then provisions for
deemed Conveyance/ Lease be
introduced.
25. Maintenance of lift, Due to lack of Tripartite Agreement should be T-9 The SRA requires all safety conditions are
Fire Fighting System maintenance of Lift, executed between Society, being complied with. These conditions are
etc. Fire Fighting System Developer and the Service Provider also required for obtaining the OC. Once
etc., the same are non- of Lift, Fire Fighting System etc., the conditions are complied with and the
operative. under the supervision of SRA, so building permissions are issued, the SRA
that Lift, Fire Fighting System etc. has a limited role to play.
are operative.
Rain water harvesting, solar panels
for electrification of common area
lights should be installed by the
Developer.
26. Non-Approval of S. Contrary to RG/ PG reservation if on a plot T-9 Kindly refer to response in Table 1 Point
R. Scheme on lands reservation in Final should be implemented strictly. 1.
reserved for Open D. P, approvals are Slum Dwellers on R.G. / P.G.
Space / R.G. / P.G. granted by SRA. should be shifted from the Plot and
rehabilitated in PTC tenement
generate under DCR 33(11)
schemes, within same ward/
adjacent ward or within 8
kilometers. Clearance and handing
over of RG/ PG Plots for public
purpose, should be responsibility of
SRA and/or planning authority /
implementing agency.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
27. Lack of consultation The CEO - SRA Section 3K of the Act. Any circular issued by CEO, SRA Yes, amendment of law For proposed T-7 The SRA being a planning body has
before exercise of enjoys wide powers to should not be unilateral and should by Legislature required. solutions under experienced that sue to the diverse and
powers in the form of issue circulars under be issued after public consultation. (a) and (b): complex nature of redevelopment
circulars and the Act. These Before issuance of circulars, notice Amendment of involved, regulation of schemes through
notifications. circulars are for suggestions and objections from the Act to include Circulars is the most effective way of
sometimes knee-jerk the general public should be issued, procedure for implementation of the Slum Act.
reactions to certain subsequent to which the proposed issuance of
issues and are often- modification/ circular/ notification circulars and
times an overreach and should be issued and implemented in notification by the
much beyond the such form on the basis of the SRA.
scope of the Act or the suggestions received or in its
scheme which original form as the case may be at
completely vitiates the the discretion of the CEO, SRA.
working environment
and changes the entire The CEO, SRA should not be
dynamics of empowered to levy any additional
redevelopment charge, premium, fees, deposits,
adversely affecting etc. that are not contemplated under
developers the Act.
implementing the
Schemes.
28. Significant delays in The most common Sections 33, 33A, 38, Clause 1.16 under Regulation Yes, amendment of law The Act and Reg. T-7 The said aspect regarding payment of
vacating sites for cause of any SR 3Z-1 of the Act. 33(10) already provides for by Legislature required. 33(10) under rents and vacating slum dwellers by
slum rehabilitation scheme being procedure to be followed for slum DCPR 2034 resorting to Section 33 / 38 of the Slum
schemes due to derailed is due to Regulation 33(10)(1.16) dwellers who do not join the slum should be Act has been dealt with in the Tables
handful of activism/ of DCPR 2034. scheme willingly. Provisions of amended to bring above.
Slum dwellers politicization by this regulation need to be applied in:
derailing entire disgruntled few slum Office order diligently against slum dwellers who
schemes. dwellers who are bearing Ref. do not join the slum scheme a criterion of
against development No. willingly as well as are non- disqualification
by either making Zo.Pu.Pra/Visesh consenting and to slum dwellers for such errant
baseless allegations kaksh/ Up. Zhil/43814 who are non-co-operative to the slum dweller
before any forum dated 3rd October 2023 implementation of SR Scheme, even where his/her
which would lend its issued by SRA. after providing their consent. The right to permanent
ear and non-vacation idea is not to snatch away any alternate tenement
of their slum benefit from the slum dweller but to and transit rent
structure. This leads make them reach a realization that should be
to a situation wherein the right is not an absolute right but extinguished
developer provides one which is saddled with permanently
transit rent to all slum responsibilities which if not fulfilled under orders
dwellers and 95% of could lead them to losing their right passed by CEO,
the slum population to receive the permanent alternate SRA or any such
vacates their accommodation and transit rent. delegate. Exercise
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
structures and are of such power
demolished but a few All notices for proceedings under shall be made
miscreants hold the Sections 33, 3-Z read with Section mandatory and
scheme to ransom by 38 of the Act should include not as a matter of
not vacating their proceedings under Section 33A as discretion.
structures and using well. Order for demolition and
the overburdened eviction under Sections 33 and 38 Set out detailed
system to their of the Act would deem to include an Standard
advantage by order under Section 33A unless its Operating
frustrating specifically excluded in genuine procedure [as set
th cases. Furthermore, even without out in the proposed
e demolition process proceedings under Sections 33 and measures] for
for years on end. They 38 of Act, standalone proceedings adjudicating and
do this with impunity under Section 33A of the Slum Act deciding eviction
with the knowledge should be initiated by the competent proceedings.
that no matter what authority on basis of complaints of
their actions, at the developers, architect, societies or The general Slum
end of the day they even suo moto if the situation Rehabilitation
would still be entitled demands. Scheme under
to receive the Section 3B of the
permanent alternate Further the criteria for appeals Act to be
accommodation under Section 35 of orders passed amended
under the Act no under Sections 33, 33A, 3Z-1 and accordingly.
matter what. 38 should be restricted to the
following considerations: (i)
Presently, the Whether the slum dweller is
application for eligible? (ii) Whether rent is paid or
eviction under transit accommodation has been
Sections 33, 33A read offered or allotted?
with Sections 38 or
3Z-1 of the Slum Act Furthermore, the entire procedure
are tedious. The for vacating the site must be
procedure requires revamped to ensure timely
the assent of the Dy. availability of land for the slum
Collector (SRA), rehabilitation scheme. The
CEO, (SRA), following framework can be
Asst./Sub Engineer considered:
(SRA) in some cases
Legal Consultant Upon issuance of IOA and deposit
(SRA). Apart from of transit rent (as agreed with the
this, the Sr. Police 51% majority slum dwellers) for all
inspector, the A.C.P, members who are required to be
Zonal D.C.P. and vacated as per the phase program of
D.C.P. (Admin) have the developer, a notice of eviction
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
to grant their approval should be immediately sent to
for providing the SRA members who are required to
staff with police vacate. The notice must specify that
protection. failure to vacate will lead to
forfeiture of right to permanent
Whilst considering alternate accommodation and
applications under transit rent under Section 33A of
Section 33 and 38 of Slum Act.
the Slum Act the
authority deciding the If the slum dweller doesn't vacate
issue ventures in the premises within 45 days of
issues qua validity of receipt of transit rent, he/she/they
schemes, issuance of lose their eligibility to receive
LoI etc., which are permanent alternate
issues not germane for accommodation and transit rent.
these proceedings.
This entails into orders The burden should be shifted on
passed by these any non-co-operative slum-dweller
authorities which are to approach the competent
beyond the scope and authority to resist the notice of
purview of enquiry eviction within 30 days of issuance
under of notice. The power to condone
eviction proceedings. delay must be statutorily restricted
to only 15 days after the 30-day
period, and not thereafter.
Any such proceeding filed by the
slum dweller resisting the eviction
notice should be decided in a time-
bound manner, not exceeding 30
days.
The state machinery for dealing
with such complaints and for
evicting slum-dwellers should be
adequately staffed. Currently, as per
office order bearing Ref. No.
Zo.Pu.Pra/Visesh kaksh/ Up.
Zhil/43814 dated 3rd October 2023,
all powers of eviction under
Sections 33 and 38 of the Slum Act
are being entrusted to merely 2
officers for the entire city of
Mumbai. Even at 100% efficiency
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
this is a herculean task and hence it
is imperative that all deputy
collectors (competent authority)
stationed under SRA would be
empowered to take up eviction
under Sections 33 and 38 of the
Slum Act.
Mere filing of appeal ought not to
be treated as a stay on the eviction.
The slum dwellers are at liberty
even after eviction to obtain transit
rent subject to them being declared
as eligible.
In any event the task of ensuring
timely eviction is fairly within the
domain of the SRA and the
developers have no control over the
same. In order to ensure timely
eviction and clearance of site as per
the phase program of the developer
(on issuance of transit rent or
provision of transit accommodation
as the case may be), if the site as
designated by the developer is not
cleared within 60 days of the
issuance of transit rent, the
developers would be provided a
credit note for all further transit rent
expended by the developers
without having a vacant site to
enable them to commence
construction. This credit note shall
continue till the time the entire site
as per the phase program is
provided free of encroachment by
the SRA. The credit note may be
used by the developers to set off
against premiums payable in the
same or any other project or may be
tradeable by them in the open
market as credit certificates. This
will ensure that the developer is not
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
saddled with burgeoning transit
rent costs without having a vacant
site to work on due to no fault of
theirs and increased efficiency
from the SRA in clearance of the
sites in a time bound manner.
29. Pending utilities and Presently, in the case Reg 33(1)(1.13) of The pending dues on non-payment For the proposed T-7 This requires legislative amendment.
infrastructure costs of electricity, when a DCPR 2034. by any slum dwellers on measures from (a)
burdening slum Developer applies for Government/MHADA/MCGM to (e), DCPR 2034
schemes. a construction meter/ land should be considered as should be
temporary meter for arrears in property taxes and the amended to
transit camp he is society formed subsequent to the exempt recovery
made to ensure that rehabilitation of the slum dwellers, of such charges
all dues of slum shall be liable to pay the same. from the
dwellers who are developers.
vacated are cleared In the alternative, every light bill
and only then is a new /water bill issued is on the name of The general Slum
meter issued for the a slum dweller shall be cross Rehabilitation
development by the verified with eligible slum dweller Scheme under
network provider. vide SRA's auto annexure system. Section 3B of the
The pending dues shall then be Act to be
In the cases of water recovered from the slum dweller amended
lines and mains lines when rehabilitated in alternate accordingly.
from MCGM, dues of accommodation by the MCGM
the slum dwellers are and Electricity Network Provider.
expected to be paid by
the developer, though In the case of sewerage mains / pro
MCGM themselves rata charges the same ought to be
have provided water recovered on Sale Occupation
connections to the Certificate to not burden the
slum dweller. When a Rehabilitation portion of the
regular water line is scheme. The sewerage mains ought
applied for, for the to be provided to the Rehab Portion
purpose of on humanitarian grounds.
construction or
temporary transit Under 1.13 of Reg. 33(10), with
accommodation at regards to other of pending dues
such time pending such as assessment, compensation,
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
water dues are occupational charges, non-
recovered prior to agricultural tax/dues etc. pending
providing with water with public authorities such as
line and meter. State Govt, MHADA, and/or
MCGM shall be dealt with
Further MCGM also separately and not be linked to grant
makes one recover the of approval or building permission
pro rata charges for to the slum rehabilitation projects
water mains and and recovered from slum dwellers
sewerage mains for after re-accommodation.
temporary
permissions accorded The slum schemes should be
to the treated at par with the Dharavi
building/structure. Slum redevelopment where no such
charges are foisted unto the
Clause 1.13 of developers.
Regulation 33(1)
provides that pending
due to government
authority cannot be a
reason to stop
approval to the slum
schemes. However,
land owning
authorities often insist
on clearing dues
before issuing
Annexure-II. The
developer is forced to
clear these dues,
which incentivizes
those slum dwellers
who do not pay their
dues to authorities.
Despite there being a
clear stipulation that
arrears of past dues
for utilities such as
water, electricity and
sewerage should not
be an impediment to
provision of services
for a slum
rehabilitation
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
scheme, the same is
not followed by utility
agencies on the
ground.
30. Land Acquisition When a developer Sections 14 and 17 of Provisions of Section 17 of Act and Yes, amendment of law Provisions and T-7 The said issue has been addressed
under the Act. intends to implement the Act. Regulations 33(10) of DCPR 2034 by Legislature required. regulations under hereinabove.
a slum scheme on to be amended: the Act and DCPR
public land, the Reg. 33(10), DCPR 2034 to be
developer is made to 2034. The compensation payable to amended as
pay 25% of land rate as landowners under Section 17 of the provided in
per ASR to the land- Slum Act needs to be amended to the proposed
owning commensurate with the premium measures.
authority as land payable to MCGM/MHADA when
premium for schemes are implemented on their The general Slum
development as per project i.e. 25% of land rate as per Rehabilitation
clause 1.11 of ASR; Scheme under
regulation 33(10) of Section 3B of the
DCPR 2034. In all slum schemes where the Act to be
owner of the land has either not amended
If the land is privately come forward for development of accordingly.
owned and if the the slum himself or through his
owner is not traceable designate or in cases where owner
or not wanting to developer's scheme has been
develop it himself, it recorded u/s 13(2) of the Slum Act,
appears to the State a notice to be issued by the CEO,
Government that, in SRA for informing the owners
order to enable SRA about the deemed acquisition of
to execute any work their property for sake of slum
of improvement or to rehabilitation and informing them
redevelop any slum that they would be entitled to
area or any structure receive 25% of land rate as per
in such area, it is ASR in the same schedule of
necessary that such payment as is made applicable for
area, or any land the land premium in case of
within adjoining or development of slums on public
surrounded by any land. This letter of the CEO, SRA
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
such area should be would be treated as automatic NOC
acquired, the State for development of the SR scheme.
Government may On payment of the entire land
acquire the land by premium to the owners or SRA
publishing in the account if owners bank details are
Official Gazette, a not available, the land would
notice to the effect that automatically vest with the SRA
the State without any action/inaction by the
Government has landowners and the SRA shall
decided to acquire the promptly lease it to the society of
land in pursuance of slum dwellers/sale purchasers as
Section 14 of the the case may be without charging
Slum Act. The any additional amount/premium for
compensation to be the same.
paid to the landowner
is decided as per
Section 17 of the No separate levy shall be made on
Slum Act which the developer post-acquisition of
mandates payment of private land by SRA from private
60 months' average owners under the pretext that SRA
rental income from is the owner of land.
such plot as the fair
value of consideration
for such a plot. This
amount is pittance
and aggregates to
thousands or a few
lakh of rupees.
Subsequent to
acquisition, when
developer puts up a
scheme thereon, the
developer is promptly
charged 25% of land
rate as per ASR.
The government
doesn't do anything
after acquisition
thereof to add value to
the proposition.
Hence on the one
hand, landowner gets
only thousands or a
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
few lakh of rupees, the
same land in the very
next breath is given to
developers by
charging crores of
rupees as premium.
This amounts to
double levy where the
Developer is made to
pay acquisition value
as well as 25% ASR to
SRA. In such a
scenario there is
hesitation on part of
landowners to allow
acquisition as they feel
that they are not
getting fair value of
their land even if they
never actually intend
to develop it
themselves.
31. Eviction and Every slum scheme Maharashtra GR of Religious structures within a SR Issuance of The general Slum T-7 This will require legislative amendment.
rehabilitation of has multiple Home scheme should not be treated in the Government Resolution Rehabilitation
religious structures. religious' structures Department same manner as religious structures in Scheme under
therein. As per bearing No. outside slum schemes. Religious supersession to Section 3B of the
Government of CTM- structures within a SR scheme Maharashtra GR of Act should be
Maharashtra GR 2009/P.K.601/V.SH.9 should be given the same treatment Home Department amended to
there is a procedure dated 23rd as commercial structures within a bearing No. CTM- include the
for demolition and November 2009 SR scheme. Religious structures 2009/P.K.601/V.SH.9 provisions for
construction of within a SR scheme are illegal dated 23rd November demolition and
religious structures. (constructed without any 2009 by the Home rehabilitation in
As per the said GR, permission) but protected structures Department to exclude respect of
the plans for the and regulation 33(10) of DCPR religious structures in an religious
religious structure 2034 along with the provisions SR Scheme from the structures.
need to be approved under the Act already provides for ambit of the said GR and
from SRA which then provision of permanent alternate in consistency with the
sends the file to accommodation in lieu of the same. Act and the DCPR 2034
Urban Development Therefore, permission from and to treat religious
Department ("UDD") UD/Home for mere shifting of a structure
for approval. UDD religious structure within a SR within the slum scheme
sends the file to home scheme should not be imposed. as any other structure.
department which Furthermore, religious structures
percolates it down to are large in size, exceeding 225/300
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
Commissioner of square feet and hence for ease of
Police office for its implementation and for practical
approval. The reasons, the entire existing area of
commissioner of the religious structure should be
police before giving treated as rehab component.
the approval takes a
report from the traffic
department and the
local police station.
On receipt of
approval from them,
the police
commissioner
indicates his assent/
disapproval to the
Home department
which further
intimates the UDD.
Finally, UDD issues
approval for
construction of
religious structure.
This process is a
cumbersome and
time-consuming
process and takes
about 6 months to 1
year. Many a times
before the UDD
approval is received,
the planning of the
proposed religious
structure is changed
due to evolving ground
situation and then the
entire process needs to
be repeated.
All religious
structures are being
developed as per
Regulation 59 of the
DCPR 2034 and are
defined as 'Assembly
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
Buildings' as per
regulation 17(a).
Further under
Appendix III of
DCPR 2034, the NOC
from the Police
Commissioner 'For
Construction of
Religious Buildings'
is proposed.
32. Parity between the There is a difference Regulation 33(10)(A) Regulations and provisions For the proposed T-7 SRA is under consideration of the same.
Slum Schemes. in recognition of slum of DCPR 2034. amended and all concessions, measures to be
dwellers that are part relaxations, benefits granted from implemented, DCPR
of the slums at time to time vide 2034 should be
Dharavi compared to notifications/circulars to make amended to include all
slum in other parts of redevelopment feasible for Dharavi concessions,
Mumbai. Under Notified Area under DCPR 2034, relaxations, benefits
Regulation 33(10)(A) should be applicable and made granted for Dharavi
of DCPR 2034, available to all SR Schemes under Notified Area for SR
certain different the Slum Act. Schemes under the Slum
regulations are Act.
applicable to the slum
rehabilitation scheme Alternatively,
within Dharavi Regulations 33(10) and
Notified Area for 33(10)(A) of DCPR
Dharavi 2034 should be merged
Redevelopment and identical
Project. However, regulations should be
there is no intelligible applicable to all slum
differentia is treating schemes. The general
the slums or slum Slum Rehabilitation
dwellers at a different Scheme under Section
footing. Under the 3B of the Act to be
Slum Act, all the slums amended accordingly.
and slum dwellers are
treated at par and
provisions of the Slum
Act are applicable to
all the slums,
regardless of its
location. Living
conditions in all slums
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
are similar to Dharavi
and hence, selective
push for development
of Dharavi
is unfair for the rest of
the slums of Mumbai.
33. Preferential right to In case of privately Section 13(1) and The SRA must issue a notice within Yes. Proposed Section 13(1) T-7 This issue has been addressed in the
develop and owned lands, the Section 14 of the Slum a specified timeline to the Measure / must include Tables above.
acquisition of land amendment of the Act landowner asking the landowner Solution issuance of
Slum Act in April whether the landowner intends to requires amendment of notice to the
2018, a timeline of 120 exercise their preferential rights to law by Legislature. landowner to
days has been put for redevelop the land as per the law laid enable the
the landowners to down in the judgement of this landowner to
come forward for Hon'ble Court in Indian Cork Mills Section 13(1) exercise their
redevelopment. Pvt Ltd vs State of Maharashtra & preferential right
However, there is no Ors in Writ Petition No.658 of 2017 to develop the
requirement for SRA and also in Bishop John Rodrigues land. Pursuant
to issue a notice to the vs State of Maharashtra & Ors in thereto,
landowners asking Writ Petition No.1212 of 2022. In the landowner
the landowner cases where the landowners do not may within 120
whether the exercise their preferential rights days from
landowner intends to after the receipt of the notice from receipt of such
exercise their SRA under Section 13(1), the SRA notice
preferential rights to ought to initiate acquisition specify
redevelop the land. procedure under Section 14 of Slum willingness
Act. to develop
the land
Subsequently, there ought to be a themselves.
specified timeline for completion
of acquisition proceeding of such Section 13(1)
land as well. must also specify
to the landowner
that incase the
landowner does
not exercise his
preferential right
to develop the
land withing the
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
stipulated time,
acquisition
procedure under
Section 14 ought
to be be initiated.
34. NOC of central Regulation 33(10) of Regulation 33(10) VI It may be considered to formulate a -------------- A comprehensive T-7 This issue has been addressed in the
government the DCPR 2034, 1.11 of the DCPR 2034 policy for procurement of consent policy must be Tables above.
provides that of Central Government and/or formulated
proposals for slum acquisition of lands owned by the between the State
rehabilitation Central Government. Government and
schemes on lands the Central
owned by Government to
the Central enable the
Government shall development of
not be accepted slum lands owned
unless NOC for the by Central
scheme is obtained Government and
from the Central acquisition of
Government. such lands.
There are several
lands in Mumbai
which are owned by
the authorities under
the aegis of the Central
Government which are
fully encroached and
such areas are declared
slums / slum
rehabilitation area
under the Slums Act.
However, there has
been no progress in
issuance of consent
by the Central
Government for slum
rehabilitation
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
schemes on lands
owned by it/its
bodies. The lack of
clarity on the
requirements in this
regard has stalled
many slum schemes.
35. Slums on Adivasi On certain Section 36A of the It is suggested that the State ------------- The State T-7 This requires legislative amendment.
land occasions, Maharashtra Land Government may issue directives Government must
developers have Revenue Code, 1966. basis which the aforesaid formulate a policy
encountered permission can be issued. for dealing with
difficulties in the Adivasi land
introduction of slum which are
lands, part of which declared as slum
are owned by area / slum
Adivasi and the rehabilitation
same is also area.
governed by section
36A of the
Maharashtra Land
Revenue Code,
1966. The
permission of the
Collector for
implementation of
slum rehabilitation
scheme on land
owned by Adivasis is
required.
There is no policy or
provision which
governs the basis on
which this permission
may be issued by the
Collector for
implementation of
slum rehabilitation
scheme on land
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
owned by Adivasis.
Usually, this
permission is not
issued or takes
substantial time and
leads to such slum
schemes being
stalled.
36. Ease of doing Currently, the Manual of It may be considered to establish a Manual of Procedure ---------- T-7 The SRA will consider introducing
business/timelines procedure of Procedure for Slum procedure of a single window for Slum timelines for giving approvals to proposals
for building obtaining Rehabilitation dated clearance to apply and process Rehabilitation dated which are pending / received.
permissions permissions for 09.03.2017 applications for obtaining 09.03.2017 issued by
obtaining Letter of issued by SRA. approval for slum rehabilitation SRA ought to be
Intent, Intimation of scheme. implemented.
Approvals, Sub-Regulation Sub-Regulation 2.2 of
commencement 2.2 of 33 (10) of DCPR Sub-Regulation 2.2 of 33 (10) of 33(10) of DCPR should
certificates etc, DCPR provides that the approval to Cover / extended to
involves obtaining the project shall be given by SRA subsequent permissions.
NOCs from various within a period of 60(sixty) days
departments. from the date of submission of all
relevant documents and in failure in
doing so, the said approval shall be
Though there is an deemed to have been granted. This
Ease of Doing provision is not extended for
Business - Manual of subsequent permissions/approvals
Procedure for Slum as is available under Section 45 of
Rehabilitation dated the Maharashtra Regional Town
09.03.2017 issued by Planning Act, 1966 ("MRTP").
SRA, the same is not
being implemented in
the manner
envisaged.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
37. Registration of Co- One of the other issue Regulation 33 To bring transparency and Under Regulation 33 ----------- T-7 This issue has been addressed above.
operative housing which is usually faced (10) of accountability, it may be (10) of DCPR it may
Societies of Slum by the DCPR considered that the proposed introduced that the
Dwellers owners/developers society is registered under the incorporated society is
whilst dealing with Maharashtra Co-operative registered under the
the slum dwellers is Societies Act, 1960 prior to Maharashtra Co-
that there is no selection of the developer. operative Societies
registered Act, 1960 subject to the
cooperative housing final eligibility
society. The list/Annexure II
decisions are in effect
taken by the Chief
Promotor and other
promoters of the
proposed society
38. Premium payable on As per the circular Circular Whilst requirement of permission Circular No.19 issued ----------- T-7 This issue has been addressed above.
change in no.19 issued by SRA, No.1 maybe reasonable for change of a by SRA be amended to
directorship of the the developer is 9 issued by SRA developer, but the premium clarify that legitimate
selected developer compelled to deposit imposed is exorbitant. Such an cases such as a change
5% of land cost of imposition of cost is without any of director of developer
sale plot area i.e. reasonable basis. Hence, it can be or death of a partner
approximately 50% considered that such an imposition would not be construed
of the net scheme area be rationalised. as a transfer. The
calculated as per premium ought to be
ready reckoner rates reduced for transfer.
in case there is even a
single change in
directorship of the
developer or change
in partner or change
of developer
39. Handing over title of Till date, to the best Regulation 33 The complete grant of title ought to Regulation 33 (10) of ----------- T-7 After the completion of the slum scheme,
slum land of our knowledge, (10) of DCPR be completed through SRA and DCPR ought to include the land is leased in favour of the Co -
there has not been developer. a procedure for transfer operative Housing Society of Slum
lease of the land of title of the dwellers for a period of 30 years.
executed in favour rehabilitation
of the cooperative component by way of
housing societies of long term lease and in a
rehabilitation time bound manner.
buildings a n d sale
buildings,
after
completion of slum
redevelopment.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
40. Ready Reckoner The stamp duty rates Maharashtra Stamp A relaxation of stamp duty rates for --------- The State of T-7 The SRA is bound by the provisions of the
rates of slum lands levied for registration Act, 1958 all such agreements with the slum Maharashtra is Maharashtra Stamp Act. All the
of a development dwellers, development agreements, required to provisions applicable are being followed.
agreement between and other deeds and writings that formulate a
the society and the are required to be executed would policy for
developer even in encourage registration of such relaxation of
slum projects are kept documents. stamp duty rates
at the same rates as is for all such
done in other agreements with
redevelopments. The the slum
valuation of a slum dwellers,
land ought to be development
rationalized in light of agreements, and
the fact of it being a other deeds and
slum land. Projects on writings that are
slum lands are required to be
relatively lesser executed.
marketable than
projects on other lands.
Hence, levying such
high stamp duty rates
is not reasonable.
Infact, this is one of the
main reasons for there
being no registered
development
agreement between a
society and a
developer for a
project under a slum
rehabilitation scheme.
41. Relaxations granted Regulation 33(10)A Regulation 33(10)A Relaxations similar to as given Yes. Proposed Regulation 33(10) T-7 This has been answered above. It is
under regulation of the DCPR 2034, under Regulation 33(10)A, are Measure / should include the reiterated that Dharavi is being dealt with
33(10)(A) offers various ought to be granted to all other slum Solution relaxations under a separate Regulation since the
relaxations specially projects as well. provided under same suffers from various planning
in payments of requires amendment of Regulation constraints.
premium/charges law by Legislature. 33(10)A.
payable by the
developer like a lower Regulation 33(10)
rate of infrastructure
charges. Infact, there
is no development
charges levied for
redevelopment
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
project
unde
r Regulation 33(10)A.
42. Interest on SRA vide its SRA vide its Circular Circular No.206 dated 10th October Circular No.206 dated ------ T-7 As per Circular 220 dated July 2, 2024,
deferement of Circular No.184 No.184 dated 25th 2022 is ought to be 10th October 2022 can the premium for fungible FSI has been
payments of dated 25th January January 2017 amended/recalled, to ensure that be amended/recalled. reduced to 8.5%. This is consistent with
Premium for fungible 2017 allowed the the slum rehabilitation schemes the BMC's circular dated 17.09.2019 on
compensatory FSI facility of deferment Circular No.186 dated progress without any imposition of premium for deferment.
in payment of 3rd April 2018 heavy interest on developers.
premium for
fungible FSI under Circular dated Alternatively, the rate of interest
Regulation 35(4). 6th August ought to be reduced.
2019
However, vide
Circular No.186 Circular No.206 dated
dated 3rd April 2018, 10th October
SRA decided to levy 2022
simple interest at
12% per annum
from the end of 30
days from the date of
issue of demand note
by SRA on balance
instalments.
This caused a lot of
financial hardship on
the developers and
threatened viability
of slum
rehabilitation
scheme. Considering
the aforesaid, SRA
vide its Circular
dated 6th August
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
2019 provided that
interest charges on
deferred payments
shall not be charged
provided time
schedule as per
policy in force is
adhered.
This circular remained
in force until the
Circular No.206 dated
10th October 2022
came into force
wherein the interest on
deferred payment was
reintroduced.
The reintroduction of
interest on deferred
payment has once
again adversely
affected the viability
of slum rehabilitation
scheme.
43. Concurrence of plans Under Section 2(19) Section 2(19) of the It is therefore suggested that once This could be cured by --------- T-7 Since the reservation is made in favour of
for development of of the MRTP Act, MRTP Act the SRA sanctions/approves the way of a clarificatory MCGM, the SRA seeks sanction from the
MCGM Reservations SRA is the planning plans, SRA ought not to be seek notification by the MCGM prior to approval of any plan.
authority for all further concurrence of MCGM and Government of
slum rehabilitation allow the development as per the Maharashtra.
schemes. plans sanctioned by MCGM.
Accordingly, SRA
processes and
sanctions all plans
with respect to the
slum rehabilitation
scheme including the
plans
for
development of
MCGM
reservations.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
Despite the same
SRA requires
concurrence of
MCGM on such plans
which slows down
and delays the
implementation of
slum rehabilitation
scheme.
44. Assistance by SRA Usually, the ------- The Government Resolution dated No. The Amnesty T-7 In addition to the Amnesty Scheme, the
for funding of Slum developers default in 25th May, 2022 permits the Scheme ought to SRA is floating tenders for schemes which
projects completing a slum financial institutions who have be extended have been stalled. This measure will
scheme due to lack financed the project, to take over address the issue specified.
of funding. the slum redevelopment project and
also implement the same through its
The developers often own appointee/new developer. It
face difficulties in exempts the fresh requirement of
raising finance for slum dwellers consents and also
the projects payment of 5% premium for transfer
implemented on of developer.
slum lands.
This is primarily The Government Resolution dated
because such 25th May, 2022 as understood under
mortgages the Public Notice date 24th July,
are difficult to 2023 was for a limited time period.
enforce in a default This ought to be extended and
situation by the made a permanent measure. This
Developer, until will protect all stakeholders in the
issuance of the slum project and enable stalled
Government schemes (due to financial default of
Resolution dated the developer) to be implemented
25th May, 2022 smoothly.
(popularly known as
Amnesty Scheme).
Even if such
mortgage was
enforced and the
lender appoints a
new developer, until
SRA recognizes and
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
sanctions LOI in
favour of the new
developer and the slum
dwellers
recognize such new
developer, the same is
not effective.
Since the developer is
usually not the title
holder of the land in
slum schemes, it is
difficult to procure
finance from
banks/financial
institutions for slum
schemes.
Banks/financial
institutions usually
provide finance to the
developer mainly on
the basis of the
financials of the
developer and not on
the basis of the
slum/property value.
45. Updating of Register After the eligibility of Section 3X read with There ought to be a mechanism set- No. Rules and T-7 The SRA has issued a list of documents
of Photo Passes an occupant is Section 3Y(1) of the up under the Slum Act for updation Regulations ought which can be used to decide eligibility.
decided in accordance Slum Act of photo passes. Section 3Y(1) to be issued to Photopass need not be updated.
with Section 3X read introduce a
with Section 3Y(1) of procedure for
the Slum Act, the updation of photo
Government is passes.
required to maintain a
register of photo
passes under Section
3Y(5). However, it
appears that the
register of photo
passes are not
updated.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
46. Currently, the Circular No.152 dated There ought to be a time Circular No.152 dated 5th June ------ T-7 The SRA will consider imposing a
procedure for 5th June 2015 frame of one month 2015 timeline of 30 days.
obtaining heirship within which the
certificate is laid heirship certificate
down under Circular should be processed by
No.152 dated 5th June the competent authority
2015.
However, the same
is time consuming as
there is no time
period given under
which the heirship
certificate is to be
processed by the
competent authority
which leads to
inefficiencies. In
fact, in most cases,
the developer has to
step in to assist the
slum dwellers to
have their heirship
certificate
Obtained.
47. Privatization of The slum Land owned by public authorities is Amendment to the T-6 This will require statutory amendment.
public land rehabilitation scheme a public good and must not be seen Slum Act, DCPR
has emerged as an as a monetizable resource by the 33(10)
effective means of authority, or private property for
turning over public squatters, or a source of profits for
land into private developers. These parcels must
hands. One of the main remain in the shared ownership of
reasons that all residents, non-tradable in the
developers find slum marketplace, and used exclusively
rehabilitation projects for what is determined to be in the
attractive is because highest public interest. Details of
slum land is made such public land be placed on the
available at 25% of its website.
price (which goes to
the government as Land ownership: For
revenue). Although redevelopment schemes for both
this is often justified as these alternatives the 'slum areas'
a welfare measure for or low-income housing areas will
slum dwellers, this gift remain under the ownership of the
of public land public authority / a Community
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
transforms all the Land Reserve (CLR) exclusively
stakeholders into for the purpose of low-income
speculators - with the housing. If the slum is on private
government eyeing a land, the ownership will be
share in the form of transferred to the public authority /
revenue, slum CLR in lieu of TDR compensation
dwellers eyeing larger to the landowner, indexed to the
'free' tenements that value of land.
they can later sell on Resale of rehabilitation units:
the market (realizing Since the land will remain in public
the full value of the ownership / CLR in perpetuity for
land), and the largest the purpose of low-income
beneficiaries being housing, the price of housing units
the developers eyeing in these areas will be disconnected
bigger profits - and from land prices, and be assessed
thereby creating based on prevailing construction
ample opportunities rates and the age of the building.
for rent-seeking by all The owner of this unit will only be
involved. The result is allowed to sell the unit for the
that the city loses assessed price to the landowner, i.e.
valuable public land, the public authority / CLR
and the possibility of entrusted with managing its use.
keeping land Vacant units in possession of the
permanently off the public authority / CLR may be sold
market for low- (at construction cost) or given on
income housing or leave and license to other low-
other public uses. income families.
Rehabilitation by developers or
voluntary organisations: If
redevelopment is undertaken
through a developer or NGO or
Society, the master plan
incorporating all specified amenities
will be approved by the SRA and the
entire cost of development will be
financed by the public authority. If
additional units are constructed,
subject to density limits, these will
be capped at 50 sq.m to create
additional affordable housing stock
for the
city, and purchased from the
developer by the SRA or MHADA.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
48. PAP projects in The sites selected for DCPR 33(10) Resettlement Policy: For slum Amendment to DCPR T-6 The issue regarding the PAP policy has
hazardous locations, PAP projects are not subsection 3.11, World areas where in-situ rehabilitation 33(10) subsection 3.11, been addressed above.
poor planning of PAP based on planning Bank cannot be undertaken due to (a) need for a PAP policy
townships considerations such Operatio sites being in uninhabitable areas on the lines.
as suitability of sites, n Directive 4.30 (proximity to hazardous industries,
availability of on hazardous zones, high tension Large part of this can
infrastructure and lines, No Development Zones, etc) also be done through
amenities in the or (b) on sites for development of Notification / G.R.
location, or essential public infrastructure, the
employment government must prepare a
opportunities - but by resettlement policy based on the
a chance combination World Bank's Operational
of factors including Directive 4.30 that provides
the availability of guidelines as to how the
vacant land in low- rehabilitation process ought to be
price areas, defined, planned and managed.
incentives for Under this policy, settlement must
landowners and be conceived as "development
developers, and TDR programs" integrated with project
market dynamics. planning and included in the costs
Consequently, many and benefits of the project. To
of these "PAP quote from the Directive, "the full
townships" have costs of resettlement should be
emerged in wards that identified and included in the total
have a high cost of the main investment project,
concentration of regardless of financing source. The
polluting industries costs of resettlement should also be
and already some of treated as a charge against the
the largest percentage economic benefits of the
of slum households. investment project that causes the
The case of Mahul relocation." This policy must be
PAP colony is binding on all agencies that
instructive in this undertake infrastructure projects in
regard, and the Mumbai.
Bombay High Court
has itself issued Resettlement sites: The
orders highlighting resettlement site must be located
the unsuitability of either within the same ward or
the site for within 2 km of the slum area being
rehabilitation. The cleared. The plan for resettlement
TDR incentives must be prepared by the project
generated from these implementation authority (in case
projects seem to have of infrastructure projects) as
become the profit- specified above, or by the planning
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
making end rather authority in case of uninhabitable
than the means for areas.
producing housing Information on existing PAP
for slum dwellers. Of tenements: For the existing PAP
the approximately tenements, all planning /
8.1 million development authorities must
square meters of submit data on (a) the number of
slum TDR tenements built and allocated thus
generated in Mumbai, far, (b) vacant tenements in their
the ME, MW and L possession, (c) the location of the
wards have generated tenements, (d) whether the
71% of slum TDR - buildings / locations are fit / unfit
predominantly for relocation and rehabilitation (e)
through PAP the condition of the tenements
projects. The (usable / unusable / usable after
incentive-driven PAP repairs), (f) the number of
scheme has tenements required by each
resulted in a higher authority for its various projects,
concentration and etc. This information must be made
densification of the available in publicly accessible
city's poor in form on the BMC's website.
depressed areas of
the city.
Mumbai has different
'planning authorities'
with overlapping
functions, and plan
specific parts of the
city as their own little
islands, and carry out
their own
development projects
- often disregarding,
sometimes competing
with each other.
When infrastructure
projects are being
planned,
rehabilitation is often
not a part of project
planning and not
included as a part of
the costs and benefits
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
of the project - with
the exception of World
Bank funded projects
that made this a
condition for its loans.
Each authority
assumes that some
other authority is
responsible for
rehabilitation.
49. Quality of Housing - While the SRA Act Government Resolution T-6 The construction of the rehabilitation
It is observed that provides for 'free dated 04.03.2020 by tenements is being done in accordance
when the slum housing' for the slum way of which a grant in with the provision of DCPR 2034. Further, dwellers eventually dwellers upon aid has been sanctioned the SRA will consider appointing an get the redeveloped redevelopment, there to MHADA to provide expert body to consider the aspect of houses, they fail to are no enforceable basic amenities to the tenement density. meet the standards of and effective urban poor in the adequate housing, provisions and Mumbai city and which is also measures in place to suburbs especially in the provided by the UN ensure that the slum areas.
Human Rights housing provided is
Council, namely of of good or adequate Government Resolution
affordability, security quality. of 27-04-2006 lays
of tenure, down the
accessibility While housing is Integrated
, given free, the Housing &
habitability, maintenance charges Slum
provision of are not affordable. It Development
infrastructure, is found that in recent Programme
amenities and schemes where the (IHSDP)
services, location. number of floors which provides for basic
exceeds ten and often and social amenities.
even twenty, the costs
of elevator, lifting Circular No. 122 dated
water are very high 08.03.2011
and exceed the whic
earning capacity of h provides for installing
the dwellers. These lifts from companies;
costs are only obligation of the
inadequately offset by developer to install fire-
the interest on the fighting system, and the
maintenance fund entire cost to be borne
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
given by the by the Developer.
developers and held
by SRA for co- Circular No. 193 dated
operative societies of 11.08.2020
dwellers. whic
h provides for payment
of maintenance deposit
While SR buildings as per clause 9.1 of the
above 7 floors have Regulation 33(10) of
elevators, and in DCPR 2034.
theory houses on
lower floors are Circular No. 191 dated
allotted to elderly and 26.02.2020 which is disabled, however in regarding the Quality actuality this is often Control Cell in the Slum not done leading to Rehabilitation accessibility issues. Authority and provides Lifts are not large for periodic visit to the enough to construction site.
accommodate vendor wares.
Construction quality,
and amenities in SR
buildings have
deteriorated over the
years, and several
older buildings are in
dire need of
maintenance and
repairs. Planning of SR
buildings often ignores
planning principles
and
building standards are
diluted to enhance the
levels of profit in
scheme; adequate light
and ventilation in
homes and in corridors
is a concern in several
buildings; lack of open
spaces; community
spaces and social
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
infrastructure is
converted to small
rooms, making them
unviable for the
requisite purposes.
Infrastructure floor is
set very low for SR
schemes, and does not
consider the needs of
slum dwellers
engaged in variety of
precarious self-
employments. Slums
double as home and
work spaces, and the
outside space can be
used for work as well.
Closed SR tenements
restrict the use of
outside space, and
makes storing of
vending
and
production materials
as a potential fire
hazard. People often
get displaced from
their livelihoods,
while getting a new
house
50. Over-reliance on Withdrawal of the State has to perform a more active, T-6
developers which state from the committed role in inclusive city
leads to FSI and responsibility of planning.
TDR alone to play a rehabilitating slum
bigger role in dwellers, and from
restructuring the city providing housing to State needs to consider the entire
for providing those living in slums built environment while planning
housing to slum so that infrastructure, amenities,
dwellers making the residences and livelihood can all be
whole process profit thought of as essential to housing
centric and housing is not planned in
isolation.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
State needs to be held accountable
for the living conditions of those
who have been resettled.
State has to re-image the land
occupied by the slum or buildings
in need of redevelopment as not
less than "best use". Instead, the
policy needs to be driven towards
giving the inhabitants more
choices.
51. Arbitrary use of laws The Act lays down a Section 3Z-1 and Procedure for conducting any T-6 The process of eviction is being
and powers in procedure for eviction 2, Chapter 1 eviction of slums by any authority undertaken in compliance with the
clearance of slums. involving serving should be preceded by: i) a survey procedures set out under the Slum Act.
individual notices and of all residents; ii) individual
providing residents notices to all residents; iii) As regards the evictions under Section 33
with sufficient time to preparation of annexure-2 based on and 38 and payment of rents, the same
prove their eligibility. the survey; iv) sufficient appeal time has been addressed above.
However, authorities before eviction; v)
often violate the rehabilitation before eviction; vi)
provisions laid down appeal process after eviction as well;
and arbitrarily evict vii) no evictions during monsoon
people causing periods as per SC order;
extreme distress. viii) No eviction till eligibility issue
(cases of Ambujwadi, and pendency of appeals. Officers
Jai Bhim Nagar, using arbitrary power to evict
Panchsheel Nagar) should be prosecuted under
furthermore many criminal charges as the people
evictions are now rendered homeless suffer
happening during the tremendous violence due to
monsoon period of homelessness,
prohibition.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
52. Lack of Resettlement Infrastructural MCGM should develop tenements T-6 Schemes such as cluster redevelopment
and Redevelopment development in the for rehabilitation on its own vacant are being considered to be introduced by
tenements city constantly raises land which can be used to the SRA. Further, provisions such as
the demand to resettle rehabilitate the people affected by Regulation 3.11 of 33 (10) exists for
people displaced due different projects of MCGM. PAPs.
to projects. The
MCGM region has
some R&R colonies
where people are
resettled but these fall
far short of the demand
for
resettlement.
Furthermore, many of
these colonies have
been created in areas
which are unfit for
human habitation.
Therefore, many
infrastructure projects
are stalled or people
are displaced without
any rehabilitation.
53. Developers delay the Developers are more 33(10) VII 2.6 DCPR, SRA should effectively implement T-6 The permissions of sale building are
construction of the interested in the 2034 the existing regulation that dependent on completion of the
rehabilitation profits they will be mandates simultaneous rehabilitation buildings. Till such time
component while earning from the sale 33(10) VIII DCPR, construction of first the the rehabilitation buildings are not
only focusing on the of the sale component 2034 rehabilitation component and then complete, permissions for sale are not
sale component. rather than the the sale component. fully granted. The CC for sale building is
Rehabilitation of the Circular No. 210- dated issued in the proportion to the
slum dwellers. 01.08.2023 rehabilitation building as specified under
the DCPR 2034.
Construction of rehab Circular No.190- dated buildings are 16.01.2020 commenced and then stopped midway and instead construction of sale buildings are commenced.
After a couple of years, Developers usually even stop giving the slum Page 444 180 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:21 ::: Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA No. problem identified problem existin Measure / Solution Legislative g Statutory Section(s), requires amendment Reforms Regulation(s), Rule(s), of law by Legislature Circular(s), Guideline(s) and / or Judgment(s) dwellers the promised transit rent, making it easier for them to delay the construction of the rehabilitation component.
54. Severe shortage of Loopholes in schemes Government Resolution Construction of Mixed-Use T-6 The SRA implements slum schemes in affordable housing under the SRA and dated 27-04-2006 Buildings which incorporates accordance with Regulation 33 (10). The for EWS and LIG even in centrally laying down the rental housing, ownership units, suggestion involves formation of a new groups of people; the sponsored schemes Integrated housing & commercial spaces and livelihood policy. role of housing causes shifting of Slum Redevelopment spaces within the same structure. provisions under the slum dwellers from Programme. SRA and centrally one place to another, Inclusion of rental units to sponsored schemes in instead of eradicating subsidies the maintenance of the exacerbating the the issue of slums. building by designating 20% of the housing deficit, Selling of EWS and tenements as rental housing.
leading to LIG tenements at Additionally, allocate livelihood
displacement of exorbitant rates which spaces of 600 sq. ft. against 100
substantial number of EWS are unable to households and exempt it from
households and pay. Floor Space Index (FSI)
creation of new calculations.
slums.
55. Lack of basic public Residents are G.R. of 27-04-2006 The Urban Development Plans T-6 The issue regarding the amenities which
amenities - no completely dependent which lays down the Formulation and Implementation are made available in the slum
government schools, on private service Integrated Housing & ("UDPFI") guidelines of there rehabilitation scheme is dealt with
hospitals and other providers whose Slum Development being 1 pre- primary school for hereinabove.
public services in the charges are exorbitant Programme (IHSDP) 2500 population and 1 senior
area; making it financially which provides for basic secondary school for 7500
strenuous to the and social amenities. population and 1 dispensary for
Inadequate water, residents. 15,000 people, 1family welfare
sanitation, solid 33(10) VIII 6, DCPR, center and 1 diagnostic center for
waste management In the DCPR 2018, 2034 50,000 people should be
facilities only select amenities implemented and made available.
have been mentioned 33(10) VIII 8, DCPR,
explicitly for slum 2034 UDPFI guidelines should be
rehabilitation, these followed with regard to open
are not stand-alone 33(10) VIII 9, DCPR, spaces, pre-primary, primary,
amenities but 2034 senior secondary schools,
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
tenements within the dispensaries, primary health care
buildings. The size has centres, and other amenities
been prescribed to
27.88 sq.m. forever Inclusion of basic amenities as an
multiple of or part of integral and inseparable part of the
250 hutment dwellers R&R process.
or 25 sq. m. in case of
R&R. they include - Amenities need land reservations,
1. Anganwadi; 2. especially for education and
Healthcare recreation, the must be
center/outpost; 3. accommodated into planning with Community Hall/ R&R Colonies.
gymnasium/ fitness center; 4. Skill development centre;
5. Women Entrepreneurship Centre; 6. Yuva Kendra/ Library/ Society Office; 7.
Religious Structures.
While these have
been listed, only four
amenities are
incentivized for
construction by the
builder as 'free of FSI
computation'.
56. The 2022 Outstanding tax payments with T-6 Collection of property tax does not fall
Government interests should be waived off. The under the realm of SRA.
ordinance to not 2022 ordinance must be followed.
charge property taxes
to houses with less
than 500 sq. ft. is not
being followed
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
57. Many CHS have not This is a time- 33(10) VIII 9, DCPR, The concerned authorities should T-6 The SRA is considering on coming up
received their corpus consuming process 2034 transfer the amount along with the with an SOP to deal with this issue.
funds involving the SRA interest immediately to each CHS.
office, which does not
function effectively
58. Many times, those The eligibility of the occupants T-6 The issue of eligibility and handing over
displaced by PAP should be completed as soon as of the PAPs is addressed in the Tables
wait for years for the possible and the process of handing above.
process of approving over permanent possession letters
the eligibility of the should be done so that the
households - for many maintenance and repair work can be
it has not taken place commenced.
till date. The residents
cannot form a CHS as
a result and undertake
maintenance of their
own buildings.
59. In many PAPs, the Government resolution Lease of the land on which the T-6 The issue of lease has been addressed in
land under the dated 16-07-2016 R&R buildings are constructed the Tables above.
building remains in regarding allotment of must be handed over to CHS.
ownership of the land on lease to eligible
SRA. It is mandatory slum developers.
for the CHS to own
this land on lease as Circular dated
per the CHS Act and 14/09/2020 195
Slum Act. regarding the Lease
Agreement Between
SRA and the developer/
society with intent to
enter into a SRS.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
60. Manner in which Eviction There should be prior informed T-6 The process of eviction is being carried
eviction takes place proceeding consent of all residents during the out in accordance with law.
slum dwellers have s are under Section 33 process of eviction and relocation.
no access to data/ and 38 of the As far as possible, the rehabilitation is
documents related to Maharashtra Slum Adequate, timely and unrestricted carried out in - situ. In any case, it has
the process of (Reformation, access to information with regards been held by the Hon'ble Bombay High
resettlement and Clearance and to the eviction, relocation and Court that there is no right to be
rehabilitation. Many Redevelopment) Act, resettlement rehabilitated in a particular place. The
slum dwellers report 1971. rehabilitation is carried out taking into not being consulted Protection of the right of people to account the planning possibilities and in the process of Circular No. 147 dated say no the eviction and constraints which exist on site.
eviction and 04/07/2011 whereby displacement
rehabilitation; due process has to be
Sufficient time followed while carrying Relocation must be done close to
period is not given out source of livelihoods and
before relocation evictio protection of livelihoods in the
process and eviction n process.
would begin and proceedings under
slum dwellers also Section 33, and Authorities should cover the
suffer destruction and unlawful eviction shall relocation costs of the slum
loss of possession not be carried out. dwellers
during the eviction
process 33(10) VI 1.16 (iv),
DCPR, 2034
Section 10, SR Act
Section 38, SR Act
61. Persons with Inclusion of a special component in T-6 During eviction process, Concerned
disabilities and those the R&R Package for vulnerable Officers takes proper care on humanitarian
who are unwell do not sections like persons with grounds for such cases.
receive any special disabilities, women, children,
care or facility during older persons, members of
the eviction / Scheduled Castes and Tribes, and
relocation process. minority communities.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
62. Lack of coordination Different statutes Government Resolution An R&R authority can be created in T-6
between authorities entail different dated 21.09.2023 by Mumbai who would have the Every agency deals with rehabilitation of
responsible for entitlements leading way of which approval power and responsibility of protected hut dwellers who are affected
providing to variances. is given to allow coordinating the different state by their project. Protection to the hut
rehabilitation; projects of SRA to be agencies to address the problems dwellers is a state policy and concerned
implemented in joint faced by relocated families. agencies provides rehabilitation as per
Lack in uniformity in partnership through prevailing policy.
different other corporations/ Periodic review of the R&R
rehabilitation policy authorities/ local bodies Process by the affected people and SRA is Special Planning Authority and
and processes like MCGM, to their representative organisation; already policy is formulated for
implement joint venture social audit and regular monitoring rehabilitation of slum dwellers in SRA
between the SRA and of projects and its R&R projects.
the other relevant components;
corporation or authority
- Bilateral agreement Clear demarcation of
between the local body/ responsibilities and duties of the
corporation and the various agencies involved in the
SRA process of rehabilitation and
resettlement;
Proper co-ordination between
relevant authorities with regard to
implementation of the provisions of
the R&R Policy.
Establish criteria and processes for
selection of rehabilitation agency;
Develop standard operating
procedures (SOPs) to be followed
by rehabilitation agency and
penalties for noncompliance of the
same - these SOPs should include
a section on participation of
children of PAPs, preparedness of
children and mitigation of
hardships;
Commission the development of a
toolkit for the socio-economic
assessment of the PAPs,
environmental assessment of the
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
relocation sites and all other
assessments that need to be
completed prior to the initiation of
the infrastructure project - this
toolkit should include planning
tools for eliciting the concerns and
perception of children
63. The adverse effect on The impact on One section in the R&R policy T-6 As above.
children during the children during the should be dedicated to children
process of eviction, whole process is specifically with regards to the
relocation and flagrantly ignored. roles and responsibilities of
rehabilitation; planning authorities
Safety issues persist The process of shifting from one
amongst the children place to another should be non-
some owing to the violent and should minimize
architecture of R&R hardship and trauma for children -
Colonies, and some specific needs of children should be
owing to the process taken into account
of rehabilitation and
its impact on young Mandate that displacement of PAPs
people. should take place during annual
summer vacation so that education
of children remains uninterrupted.
These guidelines should include
penalties in case of delays or non-
compliance of any of the stake-
holders;
Provide guidelines to municipal
corporation to ensure provisions of
education, health and recreation
facilities to children of PAPs;
Provide guidelines to guarantee
safety and protection of children
during the rehabilitation and
resettlement processes;
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
Consider formation of an inter-
departmental committee, including
representatives from relevant
municipal authorities for provision
of services to project-affected
children and their families post the
resettlement;
Ensure the set-up of a help desk to
facilitate the access to services and
ensure that children are in age
appropriate education;
Extend temporary care facilities so
that families receive support in
child care roles when settling down
in their new homes;
Law enforcement in such areas
should take place in a community-
centric manner with children's
participation and can be made
possible through the setup of Child
Protection Committees in every
ward as mandated by the Integrated
Child Protection Scheme and
Government of Maharashtra.
64. Current density This is due to constant Part VIII - General Planning authorities must restrict T-6 The said issue has been addressed in the
norms for R&R are floor space index Building Requirements- densities of rehabilitation buildings Tables above.
violative of standard incentivization in DCPR, 2034 and ensure adequate housing
density norms Mumbai. The DCPRs standard for slum rehabilitation.
2018 further allow for Developing child-centric planning
FSI for slum for rehabilitation will also help in
redevelopment to be as ensuring better quality of life for its
high as 4 which leads residents and simultaneously ensure
to higher densities. children's development needs and
their spatial needs are met.
The DCPRs 2018
have made allowance
for densities as high
as 500-650 tenements
per net hectare, which
is four times the
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
density specified in
the UDPFI
Guidelines that
specify 125-175
persons per hectare.
Higher tenement
densities are not being
met with equal
provisioning of basic
amenities, and there is
a restriction in the
size and number of
amenities and a large
number of building
concessions are being
allowed.
65. To do away with On redevelopment everyone should A-8 As per the provisions of the Slum Act and
notion that poor pay their own house construction DCPR, the SRA is providing free
family should be cost. Subsidies may be made housing to the slum dwellers who are
provided a free house available as also housing loans on eligible.
because it lives in pain of eviction in case of default.
urban slum The suggestion would require statutory
Housing to be offered on leave and amendments.
licence to families which cannot
afford EMIs covering construction
cost.
Ownership of land must be separate
from the ownership of structure
standing on it (as in Japan). On
selling the premises the occupant
may recover cost of construction.
Occupant should not be permitted
to claim any appreciation in the
land value.
Owner of the structure should be
permitted to sell structure only to
the owner of the land at
construction cost less adjustment
for deterioration.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
66. Marginalization of The voices of the Strengthening the rights of slum Yes Act should be A-9 As per Circular 210, a rent of 3 years for
Slum Dwellers slum dwellers, who dwellers amended to the eligible slum dwellers, and a rent of 1
are the primary include stronger year for the ineligible slum dwellers is
beneficiaries of the legal safeguards secured. After the slum dwellers are
Act, are often ignored for slum dwellers, evicted, they are paid rents by the
during the planning including the right developers.
and execution phases to alternate
of the redevelopment housing before The SRA is considering imposition of
projects. Forced any eviction is timelines for completion of the entire
evictions and lack carried out and the project and specifying such timelines in
of alternate right to participate the LOIs. The slum dwellers would thus
housing meaningfully in receive rents till such time their
arrangements for redevelopment rehabilitation units are ready. Once
displaced families Decisions. ready, they will be given the possession
result in further of such units.
disenfranchisement
of already Without 51% consent of the slum
marginalized groups. dwellers, the developer cannot be
appointed.
67. The economic After eviction and The rehab commercial units be A-10 The Commercial Units are allotted in
rehabilitation of the demolition, the said allotted front side of the road facing accordance with the provisions of the
Slum dweller is developer gets the and/ or in such a way that the Slum DCPR. Further, the position of the units
prejudiced. revised building plan dweller can carry out his business may differ from project to project,
sanctioned wherein activities to carry out the bread for depending on the plot and the planning
the rehab commercial his family. constraints.
units are located at the
back side of the Slum The commercial rehab premises be
Scheme wherein the permitted to be rented out on the
Slum dweller in Leave and License basis, but
capable to carry out should not be allowed to be sold till
the business. the completion of the 10 years from
the date of the allotment.
Further, the condition
of not creating third
party right with
respect to the rehab
commercial units is
discriminatory as
various Slum
dwellers are
financially and
economically not
capable of carrying
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
out their own
business due to heavy
investments and/or
due to old age and/or
death of head of the
family and/or cannot
carry on their existing
business due to
change in location
and nature of
structure etc. There is
no option but, to give
the said rehab
commercial premise
on leave and license
basis, but action u/s
3e is initiated for
renting out the said
premise before the
cap period of 10 years
and thereby rights of
the Slum dwellers are
prejudiced.
68. Name of original In most cases, after After declaration of the Annexure- A-10 Sale purchase of eligible hutment
occupant recorded in the declaration of the II, if the permanent tenement is not dwellers in Annexure-II is not allowed.
Annexure II annexure-II the allotted within 36 months then, the This is a State Policy. Proposal as
continues till scheme is normally tenement be allowed to transfer in suggested will propogate building of
allotment of completed on an the name of the new purchaser illegal slum structures.
permanent tenement average after 8 to 10 occupant and the name of the new
years and in some purchaser occupant be recorded in
cases it is delayed for the Annexure-II and be held
more than 22 years. Eligible for rehabilitation.
After the declaration
of the Annexure-II,
various Slum
dwellers create third
party rights but the
name of the new
occupant cannot be
recorded in the
Annexure-II
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
69. Need to end electoral All govt policies and This can be ended only with A-11
politics connected decisions are taken changes in policies like the
with slums. based on electoral suspension of voting rights of slum
politics at the cost of dwellers till the demolition of
law-abiding tax- structures.
paying citizens.
70. Improper regulation SRA failed to act as 1. Restrict SRA's role to a planning A-11 The said issue is already addressed in the
of Slum Schemes an effective regulator. authority and that too till approval Tables above.
Multiple regulators of the SRA Scheme.
i.e. SRA and 2. A developer shall have no role in MahaRERA have slum declaration, society entrusted the role of formation, eligibility, demolition of regulator creating structures etc. Once the developer's new disputes/issues. role is taken away, corruption and other connected issues will be largely addressed.
3. The mechanism of appointment of the developer shall be changed as suggested by these Intervenors.
4. Slum dwellers who are encroachers and not paying any taxes etc. shall not be given any right to appoint/change developers and their rights shall be restricted only to get protection as per eligibility, transit rent during redevelopment and get possession of rehab flats.
5. After issuance of the LOI, all further approvals shall be entertained and approved by BMC as a common sanctioning authority.
6. A separate permanent effective mechanism for vacating a slum plot after issuance of IOD
7. After the issuance of CC, MahaRERA alone shall be considered as a common Page 455 191 ::: Uploaded on - 08/05/2026 ::: Downloaded on - 09/05/2026 11:49:22 ::: Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA No. problem identified problem existin Measure / Solution Legislative g Statutory Section(s), requires amendment Reforms Regulation(s), Rule(s), of law by Legislature Circular(s), Guideline(s) and / or Judgment(s) regulatory authority for the entire real estate sector as per the RERA Act - this will remove conflict between the RERA Act & Slum Act.
8. Section 13 of the Slum Act shall restrict the authority of SRA to remove/change a developer and MahaRERA alone shall exercise such powers as per sections 6, 7 and 8 of the RERA Act - this will remove conflict between the RERA Act & Slum Act.
71. Slum dwellers' rights 1.Slum dwellers shall have no right A-11 The issues regarding RERA have been need to be restricted to selection or change of a addressed in the Tables above.
and reviewed. developer.
2. Slum dwellers shall have no right As regards the same of existing units, the to decide the slum pocket to be slum dwellers are prohibiting from redeveloped. transferring units for a period of 5 years.
3. Slum dwellers shall be liable to pay a specific lease rent for using As regards point 5, a slum dweller does the rehab flat allotted in lieu of not get benefit in two schemes. their eligible structures.
4. Structure does not have As regards the other points, the same may supporting documents after the require statutory amendments, cut- off date shall not be held formulation of policies. eligible and the developer shall not get any incentive for it.
5. A permanent database for slum dwellers must be created so that they are discouraged from selling existing rehab flats and occupying another structure in another scheme and/or getting rehab benefits for more than one structure and/or for benefit in another scheme.
6. Ownership of the rehab flat must be with the Government only and on its resale it must be returned to the Government.
7. Slum dwellers shall not be entitled to any benefit on the resale of the rehab unit.
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8. Amendment of section-2(d) of the RERA Act shall consider eligible slum dwellers as an allottee so that MahaRERA can redress all grievances of eligible slum dwellers after issuance of CC.
9. It is necessary to suspend voting rights till the demolition of the structure to end electoral politics connected with slums.
72. The compulsory use 1. Slum Schemes need to be self- A-11 The said issue is already addressed in the of TDR generated in independently viable without any Tables above. Slum Schemes cross-subsidization by burdening the other private development projects with compulsory use of TDR generated in slum schemes.
2. Non-viable or non-feasible slum pockets or slums on reservation plots must be linked with viable projects.
3. Private development projects are already overburdened with high taxes and development costs. There is no constitutional justification to penalize them by compelling them to use slum TDR.
4. Flat owners in private societies who have paid EMls for acquiring homes in past and paying taxes shall not be compelled to continue in old dilapidated buildings whose redevelopment is not feasible due to cross- subsidization of TDR and higher taxes.
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73. Disparity or absence 1. At present proposals u/s 33(10) A-11 The terms of the rehabilitation are set -
of a level playing of DCPR are getting several out under DCPR 2034. The slum scheme field between private concessions and reduced rates of is carried out in accordance with Reg. 33 development deposits, premiums etc. This does (10). The concession if any, are set - out schemes as compared not benefit slum dwellers at all but therein. to slum schemes developers of such schemes.
2. Whereas development schemes Private schemes are carried out under of private schemes other than u/s other provisions of the DCPR. The 33(10) of DCPR are burdened with suggestion of giving equal concessions to higher rates of premium, deposits all will require an amendment to the etc for no fault on their part. DCPR.
3. 3. There is a major difference between procedures and rules related to fire, RG, rain harvesting, structural stability, drainage,
4. environment, open space, distance, and other basic rules for no fault.
74. Conflict in laws At present change of SRA's power u/s 13 needs to be A-11 The said issue is already addressed in the causes immense developer can be done taken away once a project is Table hereinabove.
losses and hardships by slum dwellers as registered with Maha-RERA u/s
to home buyers in per section-13 of the 3&5 of RERA Act and RERA Act
slum schemes Slum Act even after shall have overriding effect over
the sale buildings are the Slum Act as per section-88 of
under construction RERA Act.
and regd with
MahaRERA. This Slum dwellers be allowed to make
makes provisions u/s representations before Maha-
6,7&8 of the RERA RERA in proceedings u/s 6, 7 and 8
Act redundant and of the RERA Act by recognizing
meaningless and them as allottees by modifying
leaves genuine section-2(d) of RERA Act.
homebuyers
remediless after
investing their
savings or paying
EMls from earning
during the golden
period of their life.
Dubious developers
misuse such conflict
by orchestrating such
events or slum
dwellers collude with
rival developers and
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
use section-13 of the
Slum Act for their
own benefit.
75. Restriction on Decisions on required officials and A-11
frequent changes in appointment of such officials must
the delegation of be made on a scientific basis.
administrative
powers Tenure needs to be specific.
Officials shall be held accountable
if their decisions are reversed on
the ground contrary to law, policy,
judicial precedents and documents.
Appointments must be filled before
vacancies are created as per need
and pending workload.
76. Change in existing Had the Annexure-III 1.Detailed guidelines and scrutiny A-11 As regards introduction of new criteria to
criteria of approval of process been proper by independent professionals based assess financial capability and joint
Annexure-III by SRA the number of on scientific parameters needed. venture projects, the same is addressed in
failed/stalled projects 2. Claims and eligibility of the Tables above.
would have been developers need to be based on
minimum verified documents.
3. Financial capacity shall be
reviewed by combining the cost of
rehab+sale and not only on the on-
sale plot
4. There are many cases where
disputes have arisen in joint
development cases. Hence,
appropriate conditions need to be
added to bind all joint developers
and avoid the impact of their
internal disputes on the project.
5. Review of financial position at
regular intervals needed.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
6. Review or imposition of
additional conditions at the time of
every amendment, revalidation
needed.
77. Trading of slum 1. Grading of developers based on A-11 The said issue regarding qualification of
schemes that are scientific criteria through the developer and the supervision of the
sanctioned by independent professionals scheme of the SRA, the same has been
brokers/anti-social and credit rating agencies etc addressed in the Tables above.
elements. 2. Developers who satisfy
eligibility criteria can participate in
the E-Auction of slum projects on
merits.
3. The developer's role is to start
only by seeking approvals as all
prior work from slum declaration,
survey, revenue records update,
eligibility and vacating will be done
by SRA through various agencies
by using technology.
78. Rehabilitation 1. The cost of additional A-11 A slum scheme is sanctioned taking into
schemes shall infrastructure shall be borne by SR account the infrastructure in existence
not become a Schemes and not by other schemes. and the plot constraints. A slum scheme
burden on existing 2. Adequate civic amenities and contains such amenities as are feasible to
infrastructure. infrastructure shall be created. be introduced.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
79. Offering sale The website shall give A-11 The SRA is concerned with the
units to the public for extensive details of flats available rehabilitation units. The sale units are the
sale on the Website to for sale. incentive given to the developers and
reduce marketing Prospective buyers can compare the subject to completion of the rehabilitation
costs. options on multiple factors. units, they are entitled to deal with the
same.
80. Improving Easy finance at competitive rates: A-11
accessibility to Treating projects as infra projects.
finance The sector shall be considered a
Priority lending sector to get
finance at competitive rates.
Multiple finance options for
investors: Govt shall approve
multiple schemes to attract
investors. Sale units shall be
available on a leave and license
basis and ownership with investors
with all legal protection. Fraction
ownership schemes may be
encouraged with all legal
protection.
81. Innovation and Technology review and upgrade: A-11 Presently, the SRA has many initiatives
changes Govt should invest/encourage introduced which rely on technology.
research in technology upgrades. Few examples of the same are -
introduction of Biometrics and auto -
Annexure II, Drone survey, filings of
Alternative to natural resources: complaints for non - payment of rents
Innovation & research shall be online, proposed mechanism to notify
conducted to provide alternatives to slum dwellers through SMS regarding
natural resources. publication of Annexure II, proposed
measure to require the developer to
update the payment of rents / status of
rents online etc.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
82. Policy stability and Policies must be framed after A-11 The SRA implements Circulars after
implementation proper study of all aspects. considering all the difficulties which are
Periodic or need based review of faced by stake - holders in implementing
policy. slum schemes. The Circulars are
Implementation must not be half- formulated based on experience.
hearted or haphazard.
83. Quality, design & Quality of many MahaRERA already have A-11 This issue is already dealt hereinabove.
maintenance of rehab rehab buildings is mechanism and provisions for
buildings, such that they may quality control and quality
require assurance and insist on quality
redevelopment in certificate from professionals. So if
short period. MahaRERA is considered as
Rehab buildings are regulator, it can ensure quality of
constructed by rehab buildings
obtaining many also.
concessions in basic RERA Act has defect liability
requirements like fire, provision u/s 14 and hence this
rain harvesting, aspect can be covered by
structural stability, MahaRERA once it is accepted as
drainage, environment, common regulator.
open space,
distance, RG etc. Power of SRA to issue OC etc must
So be curtailed at least for Sale
rehab Buildings.
buildings look
like Power of SRA to issue approval
another slum. after LOI must be curtailed and all
Slum dwellers do not approvals must be handled by BMC
maintain the flats & as a common authority.
buildings properly.
SRA has issued Part
OCs even when work
was not completed
and flats were
unhabitable.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
SRA issues
amendments without
ensuring prior
approval from Maha
RERA and allottees
which is mandatory
u/s 14 of RERA Act.
84. Recognition of The current legal Amend the law to recognize and Yes A-16 Notice is given to all stakeholders or
Rights of persons framework protect the rights of lessees and concerned parties & they are being heard
with lawful interest predominantly other valid occupants. There is no before passing any orders / initiating
in the land recognizes the rights distinction made between persons action.
of landowners, while who are lawfully occupying the
neglecting the rights property and encroachers.
of lessees and other
individuals with
legitimate interests in
the property.
Notices are issued
exclusively to
landowners wile the
actual occupants
(non-slum dwellers
with valid
documentation) are
not notified about
proceedings under the
Slum Act. A lessee
under a Slum Scheme
is deprived of a larger
area in which he
would have an
interest.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
85. Rehabilitation of Non The current scheme Revise the rehabilitation scheme A-16 Industrial Structures requires segregation
residential for rehabilitating for nonresidential structures to distance as per DCPR 2034 & to
structures factories under the ensure equitable treatment and accommodate non - hazardous industries,
Slum Scheme prevent undue benefits to existing users are allowed to be continued
disproportionately developers in SRS. This issue pertains to zoning laws
benefits developers, and the same is addressed by the DCPR -
as factories do not 2034.
require rehabilitation
in the same manner as
residential structures
86. Affordable rental An important aspect Slum redevelopment schemes A-27C There is no policy for rental housing.
housing provisions of affordable housing should be considered as a viable
is the availability of opportunity for promoting certain
affordable rental sections of the sale component
housing. Currently, earmarked for affordable rental
both the SRA and the housing along with restricted range
state government of tenement areas - 30, 40, 50sq.
have no plan or road mt. areas as adopted by MHADA
map for the same. for EWS and LIG housing.
Also, there is no
production or
availability of
affordable housing in
market led
developments by
private builders.
MHADA has not
been doing enough.
87. DP 2034 reservation There is no specific Land should be reserved In case the slums A-27C This will require statutory amendment to
of slum land reservation for slums exclusively for affordable housing occupied lands are the MRTP Act.
occupied lands. while maintaining the recreational reserved as lands
Instead, slums land ground & playground reservation for affordable
has multiple to provide opportunity for the housing, then the
reservations for all supply of additional affordable prevailing trend of
other developments, housing stock, ncluding affordable land
with some areas rental housing, as being the sale apportionment for
designated for general component of a slum's rehab and sale
housing- 'H', and redevelopment project. being on the basis
recreational ground Slums redevelopment scheme is of 25 to 30%: 75%
(RG) & playgrounds one opportunity to build and make to 70%, and the
(PG) common for the available affordable housing for conflicts arising
city. sale that otherwise is not available. from it will not
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
arise.
88. In respect of With regard to To abolish ACB - AGRC / HPC T-10 The said issue is already addressed in the
commission of offences committed as the same was in violation of Tables above.
cognizable offences in S. R. Scheme, Cr.P.C., 1973 and/or now
while implementing Complaint has to be B.N.S.S., 2023.
of the Scheme, firstly filed before
matter are referred to ACB - AGRC and
A.C.B. - AGRC, then pursuant to
contrary to Cr. P.C outcome of said
now and BNSS, Complaint, further
2024. course of action is
decided in the matter
Building Plan / Developer Approval of the Building Plan / T-10 This issue has been addressed
Layout. unilaterally decides Layout, should be taken from the hereinabove.
Building Plan / General Body of the Society,
Layout, without before filing it before SRA for
consultation from approval.
Society, thus, Society
/ Members needs /
requirements are not
given due
consideration.
89.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
90. Commercial Rehabilitation of a. Relocation of 'Commercial T-10 This issue has been addressed in the
Premises Commercial Premises', should be as far as Tables above.
Tenements are possible on ground floor,
compromised, having equivalent locational
bei advantage, as existing prior to
ng in small number. demolition. Rehabilitation of
'Commercial Premises',
should not be compromised for
commercial gain of Developer.
b. In case of large Commercial
Premises [i.e. more than 225
sq. ft. carpet area], the slum
dweller should be given
preferential right to purchase
additional area over and
above 225 sq. Ft. at
construction cost, which
construction cost should be
decided by SRA and not left
to the discretion of the
Developer.
In this regard, at the time of
appointment of the
Developer itself, a tripartite
Agreement should be
executed between Developer,
Society and SRA, wherein,
location of rehabilitation of
'Commercial Premises,
transit rent amount and rate of
purchasing additional area
over 225 sq. ft. carpet area
[upto exiting commercial
premises area], should be
recorded.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
91. Construction Quality The Construction a. Quality of construction T-10 a - Third party quality audit is made
and timely Quality of the Rehab should be the responsibility of mandatory. Architect, Developer &
construction of Buildings are very the Developer and same Structural Auditors are responsible for
Project. poor and in a period should be checked, tested and quality.
of 10 - 15 years, audited by team of atleast 03
would require further (three) officers of the S.R.A b - Defect Liability is enhanced to 10 years
redevelopment; every 03 (three) months, who ( SRA Circular no. 216 dtd.21/02/2024 )
Rehab Buildings are shall be personally
not constructed in responsible for any future c - No infinite time can be given. After
time and there is too defect. Further, it shall also be completion of DLP, society has to
much of delay. Slum the responsibility of the maintain the Rehab Building.
Dwellers have to wait architect/RCC consultant,
for years and in some appointed for the Scheme.
scheme for more than b. Any recommendation based
20 years, for their on Report given by such
rehabilitation. Officers, should be
immediately rectified within a
reasonable time specified
therein and till such
rectification is done, no further
permission should be given to
the Developer. And in case of
default, Stop Work Notice
should be issued immediately.
Defect liability should be the
essence of permissions issued
for construction of the building
for rehabilitation of the slum
dwellers.
c. Incase, of Rehab Building
already completed, the same shall
be audited by SRA and Developer
be directed to take necessary steps/
measures, as per such audit
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
92. Fire Safety It is noticed that in Fire Audit of Rehab Buildings to be T-10 This issue has been addressed above.
Measures. many S.R. Schemes, carried periodically by CFO and an
Fire independent agency, essentially to
Sa evaluate following issues:-
fety a. Installation of Fire
equipments are Equipments, that too in
installed for name working condition;
sake and the b. Fire Engine movement in the
Occupation Rehab Building, to ensure
Certificates are reach to fire affected site,
granted by SRA incase of fire emergency,
without actual Compulsory implementation of
verification of factual Mock Drill/ Demonstration
position of Fire Safety Programs to ensure that occupants
measures. The issues are well versed and aware to deal
like smooth and with the Fire incidents in such
obstruction free Buildings.
access for Fire
Engineer around
Building are
compromised. Fire
NOC and OC are
issued without
subjective
satisfaction.
It is also noticed that
in majority cases Fire
Extinguishers and
Equipments though
installed, however,
remain non -
functional, thereby
compromising with
life and property of
the occupants therein.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
93. Compliances of It is noticed that, in O.C. must not be granted to the T-10 The issue regarding permissions to be
Environment norms nabt cases, despite Rehab / Sale building unless obtained is addressed above. The same is
compliances of compliances of Environment / governed by the provisions of DCPR -
Environment norms permission / norms and condition 2034.
are incomplete, of Permission are adhered by the
Occupation Developer in all aspect. Any
Certificates are concession to such condition gives
granted to the Rehab a license to the Developer to delay
Buildings, Right to gives unfettered authority to
Life, liberty, clean Developer to delay the compliance,
and healthy This, violates the fundamental
environment is rights of the rehabilitated Slum
absolutely ignored. Dwellers and flat purchasers.
94. Corpus. It is seen that the Clause No. 9 Corpus Fund of Rs. 60,000/- per T-10 This issue has been addressed in the
Corpus of Rs. of Regulation tenement for buildings upto 10 Tables above.
40,000/-[as on date No. 33(10) floors should be deposited by the
provided] is of DCPR, 2034. Developer with SRA, which should inadequate for taking be released in the account of the care of the Society immediately upon O.C. of maintenance of the the building and for Buildings of Rehab Building. above ten floors corpus fund should Moreover, Number of be Rs. 1,00,000/- per tenement.
Floors of the Rehab
Building should also
be considered,
because, more the
height of the
Building, more is the
maintenance.
95. High Rise Building. Maintenance of High Permission for High Rise Buildings T-10 This issue has been addressed in the
Rise Building is very should be avoided and instead of Tables above.
high, which is very one High Rise Building, multiple
difficult for poor slum small buildings may be constructed
dwellers. on the Plot.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
96. R. G. / Open Space. It is seen R.G. / Open In the present S.R. Scheme, R.G. T-10 This issue has been addressed in the
Space are provided has been shown at 02-03 Places in Tables above.
more in Sale the plan submitted to Environment
Component. Department. However, in reality
Moreover, R.G. / R.G. has not been provided on the
Open Space provided site.
in Rehab Portion are Provision for R.G./ Open Space in
scattered, thereby rehab and sale should be same as
defeating the very per minimum area prescribed in the
purpose. DCPR and provision for such R.G/
Open Space, should be made at one
place for maximum utilisation
rather than the same being scattered
on plot.
97. Fungible FSI / Benefit of Fungible Regulation No. 31(3) of If the developer is taking benefit of T-10 This issue has been addressed in the
Compensatory FSI. F.S.I [Compensatory DCPR, 2034. fungible FSI, same should be Tables above.
F.S.I] [Regulation shared in equal proportion with
No. 31(3) of DCPR Rehab portion.
2034],
is taken for Sale
Component and the
benefit is not utilised
and shared with
Rehab Component.
98. No Parking / Though Regulation In the present S.R. Scheme of the T-10 This issue has been addressed in the
adequate Parking provides for Parking, Society not even a provision of Tables above.
provided in Rehab however, the same is single 04 [wheeler] parking has
Building. not provided in Rehab been provided to 150+ Slum
Building, thereby, Dwellers.
forcing the slum Adequate number of parking
dwellers to park their should be made for the rehab
bike / car in access building of slum dwellers so that
road to the Building approach road to slum buildings are
and ultimately not congested, as most of the slum
leading to congestion. dwellers park their bikes / car /
In case of any rickshaw / taxis on access road, due
emergency, to non-providing of designated
evacuation will be parking space, which leads to
impossible. congestion to rehab buildings.
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Sr. Specific Issue / Cause of the Relevant Proposed Measure / Solution Whether Proposed Proposal for Reference Views and Suggestions of the SRA
No. problem identified problem existin Measure / Solution Legislative
g Statutory Section(s), requires amendment Reforms
Regulation(s), Rule(s), of law by Legislature
Circular(s),
Guideline(s) and / or
Judgment(s)
99. Lease / Conveyance. It is seen that after the In the present S.R. Scheme, T-10 This issue has been addressed in the
Scheme is complete, Conveyance / Lease Agreement has Tables above.
the Developer do not not been executed / entered into
take lease / with the Society. The provision of
conveyance in favour Deemed Conveyance in S.R.
of the Society. Scheme must be introduced.
At the time demarcation of rehab
and sale portion, lease/ conveyance
should be executed in favour of
slum Society, and in any case,
before issuance of O.C. No O.C.
should be issued before execution
of lease in favour of slum society.
Incase, the Developer becomes
non-cooperative/ insolvent/
dissolved or for any other reason
unable to grant lease or
conveyance, then provisions for
deemed Conveyance/ Lease be
introduced.
100. Maintenance of lift, Due to lack of a. Tripartite Agreement should T-10 This issue has been addressed in the
Fire Fighting System maintenance of Lift, be executed between Society, Tables above.
etc. Fire Fighting System Developer and the Service
etc., the same are non- Provider of Lift, Fire Fighting
operative. System etc., under the
supervision of SRA, so that
Lift, Fire Fighting System etc.
are operative.
b. Rain water harvesting, solar
panels for electrification of
common area lights should be
installed by the Developer.
c. It may be noted that, in the
present S.R. Scheme, no such
Tripartite Agreement has
been entered and executed
with the Society.
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