'Usual Way To Siphon Off Public Land': High Court Objects To Allotment Of 33 Acres Of Govt Land For Slum Rehabilitation In South Bombay

The Bombay High Court recently questioned the state's attempt to dispose of nearly 33 acres of government land encroached upon by slum dwellers in the posh Cuffe Parade and Colaba area in South Mumbai, under the garb of redevelopment and rehabilitation of 65,000 slums. A division bench of Justices Girish Kulkarni and Aarti Sathe was shocked to note that prime lands of the government were encroached by the slum dwellers, and now they have constituted a society and resolved to appoint a developer to construct a rehab building under the Slum Rehabilitation Authority (SRA). The bench sought to know if the State's 'cabinet' permitted disposing of such vast lands in such a fashion."We are quite alarmed that such vast land of the ownership of the State Government can just be made available for slum redevelopment, i.e., not only rehabilitation of the slum dwellers in skyscrapers but also large scale private apartments to be constructed in one of the most prime localities in South Mumbai where land is scarce and requirement of the land for the Government can never come to an end. Mumbai city is an island city in which it is no more possible to find government lands to be utilised for public purpose," the judges observed in the order passed on October 1. "This is a usual modus operandi to siphon off valuable public lands. We need not delve as to what would be the cost of each unit in an area like Colaba/Cuffe Parade. The value of the land and any development thereon just needs to be imagined," they added.In such circumstances, in the prime localities of Mumbai and that too a place like Cuffe Parade/Colaba which are sea facing lands, they are invaluable for the government utility and/or for any vital public purpose, which may be innumerable. However, it appears that the Slum Rehabilitation Authority is too keen for reasons best known to it to permit such vast government land to be extinguished permanently from the pool of government lands which could be utilised for public utilities like gardens, open spaces etc., in a city which in any way bursting with unbridle construction depriving the public of such basic requirements for a humane living, the bench stated."Such largesse being showered and that too free of cost on 65000 slum dwellers is detrimental to public interest and long term needs of the city. The land in question in the present proceedings is 33 acres of prime Government land situated at Cuffe Parade/Colaba in South Mumbai, which was permitted to be encroached and now sought to be privately developed under the garb of rehabilitation of the slum scheme, i.e., rehabilitation of the slum dwellers and also construction of resale buildings," the judges said. When such a land of about 33 acres is proposed to be utilised for slum redevelopment, the judges wondered if any “Cabinet decision” or whether any approval was taken by the SRA from the Cabinet, for disposal of such vast land to be utilised for the slum scheme considering the settled principles of Constitutional governance and morality. "This irrespective of the fact as to what the Slum Act would provide. The Slum Act in such context can never override the basic compliance of what is expected by such constitutional principles and its strict adherence by those in authority. Thus, under the garb of any schemes under the Slum Act, such large and valuable public largesse cannot be taken away and deprived of public utility and public interest. This is a case where the rights of the slum dwellers on such prime government land cannot outweigh and/or be higher than the public interest, for such vast land to be utilised only for public/Government purpose. Such prime land cannot be permanently taken away from the public pool of lands as also been thrown open for private development, would be the moot question, certainly arising for consideration. Prima facie any other view would amount to a fraud on the Constitution," the bench underlined. The bench, accordingly, requested Advocate General Dr Birendra Saraf to appear in the present proceedings and also directed the State Government to place on record an affidavit as to whether there is any well considered Cabinet decision for such land to be allotted for development of slums and/or any attempt on the part of the Collector, Mumbai to obtain any such decision at the highest level of the Government. "If there is no such decision, we have the gravest of doubt whether any redevelopment of these slums can at all be permitted to happen, of such prime government land of 33 acres and more particularly considering the observations which are made by this Court in the aforesaid decisions as referred by us. We may also observe that the issue which has been brought to the Court is on account of a strict view of the matter being taken by the Ministry of Defence in not granting NOC for such development, as assailed in the present proceedings," the bench said. Posting the matter for further hearing on October 15, the judges ordered...

'Usual Way To Siphon Off Public Land': High Court Objects To Allotment Of 33 Acres Of Govt Land For Slum Rehabilitation In South Bombay

Narsi Benwal

"We are quite alarmed that such vast land...can just be made available for slum redevelopment, i.e., not only rehabilitation of the slum dwellers in skyscrapers but also large scale private apartments to be constructed in one of the most prime localities in South Mumbai," the court said.

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