HC flags ‘alarming’ inclusion of Dhobighat land in slum rehab scheme

Division bench of justices GS Kulkarni and Neela Gokhale directs BMC to explain decision-making process

MUMBAI: The Bombay High Court on Tuesday expressed serious concern over inclusion of a portion of Dhobi Ghat in Mahalaxmi, used for drying clothes, in a slum redevelopment scheme, saying “valuable public lands cannot be just thrown out from the public pool to be utilised for a forced redevelopment as a part of an alleged slum scheme”.

The drying area of Dhobi Ghat, measuring 7724.61 sqm, was “not inundated by slum structures”, but was “traditionally used by the rassiholders as fully recognised and authorised” by the BMC, the court said (Andrei Armiagov - stock.adobe.com)

The drying area of Dhobi Ghat, measuring 7724.61 square metres (sqm), was “not inundated by slum structures”, but was “traditionally used by the rassiholders as fully recognised and authorised” by the Brihanmumbai Municipal Corporation (BMC), a division bench of justices GS Kulkarni and Neela Gokhale said while hearing a petition filed by 24 ‘rassiholders’ or washermen licensed to dry clothes, seeking compensation and alternate accommodation after their land was taken for a slum redevelopment scheme.

The petitioners could not have been ousted without a guarantee of appropriate rehabilitation, as it would be necessary in a regular slum scheme, the court said, while noting that the land, situated in a prime part of south Mumbai and abutting the Mahalaxmi racecourse, was “obviously vulnerable”.

According to the petitioners, the drying area of the Dhobi Ghat was taken over for a slum redevelopment scheme being executed by Resonant Realtors Projects Pvt Ltd (formerly known as Omkar Realtors and Developers) without it being declared a slum area in the manner known to law. Around 720 ‘rassiholders’ were ousted from the land without any rehabilitation benefits, barring some “mechanised drying machines” that would be provided once the project was complete, the plea filed through advocates Amogh Singh and Ashwin Tripathi said.

During the hearing on August 18, the court said, “The concern is also that public pool of such land could at all be included in such clandestine manner for a slum scheme, much less by destroying the traditional rights of the rassiholders, which are statutorily recognised.”

The court directed the additional municipal commissioner to explain the entire decision-making process to give away the municipal land for the slum redevelopment scheme. It also directed the developer and the Slum Rehabilitation Authority (SRA) to respond to the issues raised by the court, including how non-slum plots or drying areas could be included in the slum scheme and how the corresponding floor space index beyond five was approved.