Bombay HC Pulls Up SRA For Allowing Redevelopment Of 33 Acres In Colaba-Cuffe Parade

Mumbai: The Bombay High Court has pulled up the Slum Rehabilitation Authority (SRA) for permitting the redevelopment of 33 acres of prime government land at Colaba - Cuffe Parade, warning that such “largesse” to slum dwellers and private developers cannot come at the cost of public interest. The court said prime government lands cannot be “permanently extinguished” from public use in a city already starved of gardens and open spaces.

Petitions Filed by Residents and Developer

A bench of Justices Girish Kulkarni and Aarti Sathe hearing petitions filed by Gulab Shankar Mishra, Chief Promoter of Cuffe Parade SRA CHS Federation (P), and Precaution Properties Pvt. Ltd., the developer appointed by residents.

Nearly 65,000 slum dwellers have encroached on the land and are seeking rehabilitation under the SRA scheme. They have challenged the refusal of a no-objection certificate (NOC) by the defence ministry to proceed with an SRA project due to proximity to defence establishments.

Court Warns Against Misuse of Prime Land

“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,” the bench observed on October 1.

Public Interest vs Slum Rights

The court stressed that in an island city like Mumbai, government land was invaluable and could only be used for essential public purposes. “Slum dwellers’ rights cannot outweigh public interest, for such vast land to be utilised only for public/Government purpose,” it added.

Concern Over Private Development Component

It added: “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.”

Reference to Past Rulings

Citing earlier rulings in similar cases, the bench recalled that encroachers on prime government or private land at localities such as Colaba, Cuffe Parade, Malabar Hill or Pedder Road could not claim a legal right to rehabilitation at the same site. The orders were upheld by the Supreme Court, it noted.

Court Questions SRA’s Approvals

Calling the project a “usual modus operandi to siphon off valuable public lands,” the court noted that the resale component of such redevelopment would fetch astronomical prices in Colaba-Cuffe Parade. “The value of the land and any development thereon just needs to be imagined,” it remarked.

State and Defence Ministry Directed to Respond

The bench questioned whether the SRA had obtained the necessary approval from the state cabinet before deciding to permit such development. “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,” the judges said.

Affidavits Filed by Authorities

The court has directed the State government to file an affidavit within 10 days, clarifying if there was a cabinet decision to allow redevelopment of such vast government land. It also asked the Advocate General to assist in the matter.

The court has also directed the ministry of defence, along with the principal secretaries of revenue and urban development and the CEO of SRA to file their reply affidavits by the next date of hearing on October 15.

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Background on Slum Dwellers and Litigation

The petitions claimed that the 65,000 slum dwellers have been languishing since over two decades as no builder was able to implement a scheme. Finally when the Precaution developer’s proposal was accepted, it was blocked by litigation for over a decade.

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