JUDGMENT :

1. Something is rotten in the state of the SRA. This case for the first time gives us numbers. And these numbers are not only frightening but they point to what we can only describe as an ongoing fraud on statute at various levels, and widespread trafficking in free-of-cost slum rehabilitation tenements. Even with these numbers, there are many things still unknown and to be investigated.

2. To set the stage for what follows, we have reference to our order of 22nd March 2022, over a year ago. We took an unusual step in that order for we first released it on draft on that date and then in final form two days later on 24th March 2022 after all before us had an opportunity to make suggestions on the factual aspects. We reproduce the relevant portions of the order of 22nd March 2022 :

CORAM: G.S. Patel & Madhav J. Jamdar, JJ.

DATED: 22nd March 2022 (in draft)

24th March 2022 (final)

PC:

(This order was dictated in Court on 22nd March 2022, and was expressly stated to be made available in draft for corrections and necessary changes. The present order is after discussion in court. A separate order dated 24th March 2022 has been dictated and uploaded, setting out these circumstances and further particulars.)

1. This order is likely to be the first of several directions we believe are going to be necessary for the progress of the SR scheme on plots bearing CTS Nos. 5370 (pt.), 5371 (pt.), 5372 (pt.), 5373 (pt.), 5390 (pt.) 7643 (pt.) and 4207 (pt.) of Village Kolekalyan, Bandra-Kurla Complex, Mumbai H/E Ward. The project is vast: it covers 70,242.37 sq mts, equivalent to about 17.35 acres. There were 2,965 slum dwellers here. Of these, 2,622 were found eligible for rehabilitation. Of those, 996 have been rehabilitated already; 1,428 others await rehabilitation. About 1,336 slum dwellers are in transit camps, and 1,286 persons are on transit rent. About 3,896 tenements (including surplus tenements) are to be constructed.

2. Before us, there are 111 slum dwellers as Petitioners. The original developer HDIL has been — for want of a better word — extinguished.

(a) There are seven slum SRA societies. Most are unregistered. Almost all are non-functional.

(b) SRA and the other authorities must now proceed to take action in accordance with law to have these societies registered.

(c) We expect the CEO, SRA or the Deputy Registrar, Cooperative Societies, SRA to issue the necessary directions in this behalf. We do so because we fully anticipate requiring the Societies to be active and able to participate in the time ahead.

(d) The CEO, SRA and the Deputy Registrar are at liberty to apply to this Court if any assistance is needed.

(e) On the question of registration of the unregistered societies, all applications must, in the first instance, be made to this Court in these proceedings and not to any other court or tribunal. We do not want our orders in these matters to be met with conflicting orders from any other quarter.

3. Budhpur Buildcon now comes in as a recognized co-developer. It is confronted with several question, including, importantly for our immediate purposes, its liability for transit rent arrears and other aspects relating to its being the successor co-developer for the entire SR project. This use of the word ‘co-developer’ should not be misconstrued. The earlier developer, HDIL, has fallen by the wayside. The expression ‘co-developer’ used for Budhpur Buildcon is only clarificatory, i.e. that it is not entirely an outsider developer coming in for the first time.

4. One of the most significant complications in this SR scheme is that a fundamental facet, namely the transit rent payable to eligible slum dwellers, has never been fixed. We find this is utterly