SRA can’t force private owners to obtain slum dwellers’ consent for developing property: HC

The Bombay High Court has ruled that the Slum Rehabilitation Authority cannot compel private landowners to seek consent from slum dwellers for property development. The court said this was a violation of an individual's constitutional right to property. The ruling came during a hearing on a writ petition filed by the Hrishikesh Cooperative Housing Society in Dadar West. The court will further consider the matter on February 22.

The Slum Rehabilitation Authority (SRA) cannot compel private landowners to seek consent of slum dwellers, who are essentially encroachers, in determining development of the property, the Bombay high court on Monday said.

HT Image

The court said such a directive by SRA was a violation of an individual’s constitutional right to property and, consequently, a breach of the right to equality.

A division bench of Justice G S Patel and Justice Kamal Khata questioned the rationale behind such an approach.

“You cannot let a slum dweller dictate who should or should not develop the property on private land. How can you ask them for consent?” the court said and condemned the action as a “mindless invocation” of the Development Control and Promotion Regulations.

HC’s observations came during the hearing on a writ petition filed by the Hrishikesh Cooperative Housing Society in Dadar West.

The society contested a requirement imposed by SRA, mandating them to secure the consent of at least 51% of the slum dwellers before appointing a developer for redevelopment of their property. The society argued, as property owners, they possess a preferential right to develop the land and should not be obligated to obtain the consent of slum dwellers.

The society’s writ petition, filed in 2023 through advocate Abhay Khanderparkar and advocate A G Revankar, said SRA’s demand of slum dwellers’ consent was premature.

The court will deliberate on this matter on February 22.