SC order clears decks for rdvpt of 44 acres in BKC

Developers who have interests in different sections of Bharat Nagar include Forum Homes, Omkar Realtors & Developers, Budhpur Buildcon and Prestige Group

Mumbai: With the Supreme Court rejecting a special leave petition filed by residents of Bharat Ekta Society, decks have been cleared for developers to get Bandra Kurla Complex’s Bharat Nagar, spread over 44 acres, vacated.

Hundreds of Bharat Nagar residents took to the streets on January 9 to oppose a demolition drive. (Hindustan Times)

The apex court’s judgement in the case of Mansoor Ali Farida Irshad Ali and others versus the tahsildar-1, special cell has far-reaching repercussions as it touches upon a technical and little-known topic known as “censused slums”. A censused slum is located on land owned by the government, a government undertaking, or a corporation that has been surveyed, enumerated, and recorded by the landowning authority. A notified slum, on the other hand, refers to encroachment on private land that has been notified as a slum under the Slum Act.

Residents of Bharat Ekta Society contended that since their locality had not been notified as a slum area, it could not be razed and taken up for redevelopment. But the bench of justices Sudhanshu Dhulia and Krishnan Vinod Chandran ruled that their contention was totally misconceived as the project related to a “censused slum” which was scheduled for redevelopment as per regulation 33(10) of development control rules (DCR).

“The judgement is applicable not only for Bharat Ekta Society, but the entire Bharat Nagar as well as Mumbai. Any similar dispute can now be laid to rest retrospectively with the latest judgement,” said Rajiv Agrawal, co-founder, Saarathi Realtors, one of the players associated with the redevelopment project at Bharat Ekta Society promoted by Forum Homes.

Rejecting the petition, the court ruled that “dilatory tactics” were adopted by the ineligible slum dwellers of Bharat Ekta Society. Out of 2,965 tenements in the locality, 2,625 were eligible for rehabilitation, of whom 70% had given their consent to be rehoused, the court noted.

“A survey has already been conducted, and the next step is to initiate proceedings as per Sections 33 and 38 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act,” said an official requesting anonymity.

The two sections pertain to demolition of existing tenements and clearing of the land parcel. Demolition is likely to be undertaken after the budget session of the state assembly, which is scheduled to conclude on March 26.

“Certain slum dwellers attempted to disrupt the process and hold the developer to ransom. This landmark judgment ensures that minority factions can no longer unjustly stall slum rehabilitation projects,” said Ajit Pawar, co-founder, Saarathi Realtors.

Since a similar petition filed by residents of KGN Society within Bharat Nagar is pending before the judiciary, Hindustan Times reached out to them for their reaction.

“It is shocking that there are three different judgments by the Supreme Court, including the latest, on the same subject matter,” said Mohammed Rafique Sayyed, chairman of KGN Society.

An earlier order of the apex court had said that the Maharashtra Housing and Area Development Authority (MHADA) should consider eligibility of petitioners and provide benefits under the MHADA Act. In another instance, a three-member bench of the apex court had referred the matter to the Bombay high court, asking it to decide on merits if the redevelopment process should be undertaken under sections 33(5) or 33(10) of the DCR, Sayyed noted.

On January 9 this year, residents of KGN Society and two other neighbouring societies had resisted attempts by government authorities to demolish the buildings which house them. The area, comprising a total of 913 structures, has been taken up by the Adani Group promoted Budhpur Buildcon for redevelopment. Earlier, on September 30, 2024, the residents had foiled another demolition attempt with the help of elected representatives.

The entire Bharat Nagar in Bandra Kurla Complex comprises around 7,700 tenements, divided into 22 societies and spread over more than 44 acres. Around 3,700 tenements house MHADA tenants while the rest are categorised as ‘photo pass’ tenants who are eligible for rehabilitation. Developers who have interests in different sections of Bharat Nagar include Forum Homes, Omkar Realtors & Developers, Budhpur Buildcon and Prestige Group.