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