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‘Under What Legal Authority?’: Bombay HC Grills SRA Over Declaring Private Land A Slum

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The petitioner had approached the court after receiving a notice from the SRA stating that his 440 sq. metre plot was being treated as part of a slum

Bombay High Court. (Image: File)

Bombay High Court. (Image: File)

The Bombay High Court has questioned the Maharashtra Slum Rehabilitation Authority (SRA) for attempting to classify a piece of private land as a slum simply because it is next to a notified slum area.

A Bench of Justices GS Kulkarni and Manjusha Deshpande, while hearing a petition filed by Malad resident Ramesh Singh, asked the SRA to explain under what legal authority such a declaration was being made.

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Singh had approached the court after receiving a notice from the SRA stating that his 440 sq. metre plot was being treated as part of a slum, Bar and Bench reported.

“How can the petitioner’s land which has 5 to 6 structures could be declared as ‘Slum’ merely because the adjoining land is declared as slum?” the court asked, directing the SRA’s Chief Executive Officer (CEO) to file a personal affidavit on the issue.

The court expressed concern over a submission by the SRA’s legal counsel, who claimed that such decisions were made not by the CEO but by subordinate officers. “We are quite surprised at this submission,” the judges noted, and demanded clarity on whether such powers were delegated and on what legal basis.

“This position also be made clear in the affidavit of the SRA as to whether the officers subordinate to the Chief Executive Officer take such decisions and under what authority in law,” the court noted.

The matter relates to a November 2024 notice issued under Section 13 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, which allows SRA to designate areas for slum rehabilitation.

Singh’s land, however, was marked for a public garden and road in Mumbai’s Development Plan 2034, and he argued that it had only a handful of structures. In contrast, the adjoining plot accommodates 128 slum dwellers.

The High Court had earlier, on September 2, granted interim protection to Singh, observing that he had made out a strong case for safeguarding his property rights. The court ordered that status quo be maintained, meaning Singh’s land could not be touched or included in any slum scheme until further orders.

On September 9, the court rejected an attempt by the SRA to submit an affidavit through its Deputy Chief Engineer instead of the CEO, stating that its earlier order clearly required the CEO’s affidavit.

The court gave the CEO one week to respond and adjourned the matter to September 24.

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