SRA project in Mumbai: Bombay HC grants interim stay on eviction and demolition to continue till December 22
In a relief to 33 home occupiers residing in an SRA Project at Borivli, the Bombay High Court, while allowing SRA Authority to pass orders related to their eviction to make way for the project has stated that implementation of the order would be subject to the interim orders passed by it from time to time. The court has asked SRA and the developer wanting to evict the home occupiers to thereafter approach the court on December 21 for further orders. Meanwhile, in view of prevailing Covid-19 situation in Maharashtra, the bench continued all interim orders passed by various courts across the state which include orders for eviction, dispossession and demolition already passed by the courts and said that the same would remain in abeyance till December 22.
The full bench of chief justice Dipankar Datta and justices A A Sayyed, S S Shinde and K K Tated while hearing the suo moto petition for extending interim stays on all eviction, demolition and dispossession order due to the pandemic was informed by Yash Developers through an interim application that it was seeking the court’s indulgence by relaxing its interim order.
The developer through their advocate informed the court that it was involved in the redevelopment project at Borivali which had around 585 slum dwellers. While almost all the occupiers had vacated their homes, 33 refused to do so. The developer informed the bench that they had approached the SRA which had conducted a hearing of all 33 occupants and was about to pass orders. However, due to the interim stay order passed by the HC it refrained from passing orders of eviction and demolition against the occupants.
The advocate submitted that he was seeking a limited relief of allowing SRA to pass the order as he was wanted to go ahead with the project. The advocate submitted that the developer had already paid a sum of Rs 11 crore towards rent to the occupants who had vacated their homes and if the 33 occupants were not to vacate their hoes he would suffer financial losses.
Advocate Jagdish Reddy for SRA submitted that the authority had completed the hearing and was not passing orders due to the interim stay by HC.
After hearing the submissions, the bench directed Reddy to ask the authority to pass orders but restrained the developer from implementing it.
The court further said that in light of the prevailing pandemic situation the occupants should not be dispossessed as it was continuing the interim protection for across the state till December 22.