The Bombay high court recently paved the way for a slum rehabilitation project involving the rehabilitation of 919 slum dwellers from Kamraj Nagar in Ghatkopar (East) by dismissing a petition challenging the project on various grounds.
The division bench of justice Ranjana Desai and justice RG Ketkar dismissed a petition challenging the Letter of Intent granted by the Slum Rehabilitation Authority (SRA) for the project on the grounds that the procedure followed by SRA was improper and contrary to law.
Though petitioner Deepak Jadhav was eligible for rehabilitation, he contended that the SRA had not verified the documents relating to eligibility of members.
He further contended that the authority overlooked the fact that there was no notification, which declared the concerned area admeasuring 18,100 sqm to be a slum, as required under the Maharashtra Slums Act, 1971.
The developer, however, pointed out that the necessary notification had been issued in October 1980, and the developer had obtained all the necessary permissions and sanctions for the project. The court also took into consideration that there was delay in filing the petition, and by the time Jadhav moved court, the developer had shifted 320 slum dwellers outside the property, and had spent more than Rs2.5 crore on transit accommodation for 600 slum dwellers.
The court also took note of the fact that the developer had already constructed four buildings which housed 48 rehabilitation tenements, and that
878 of the 919 eligible slumdwellers had given their consent for the project.