The court ruled that unlawful encroachers cannot claim rights under slum rehabilitation laws, reinforcing the supremacy of environmental protections and legal accountability.

JUDGMENT :

Advait M. Sethna, J.

1. Rule, made returnable forthwith. Respondents waives service. By consent of the parties heard finally.

2. This Writ Petition is filed under Article 226 of the Constitution of India praying for the following substantive reliefs :-

“a. That this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing the Respondents No. 1 and 2 to provide the Petitioners and other residents of the Laxman Bhandari chawl area represented by them at Exhibit A with suitable in- situ rehabilitation in accordance with the law on account of being a protected occupants of hutments prior to the cut of date 01.01.2000 and/or 01.01.2011;

b. That this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing the Respondent No. 1 to restore the status quo ante in the Laxman Bhandari Chawl area in the Laxman Bhandari chawl area;

c. That this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing the Respondents No. 1 and 2 to provide the Petitioners and other residents of the Laxman Bhandari chawl area represented by them at Exhibit A with due compensation for the hardships suffered by them over the past month;

d. That this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing the Respondents No. 1 and 2 to take appropriate disciplinary action against the Deputy Collector of the Borivili region and the Sub-Divisional officer concerned for failing to verify the eligibility documents of the residents of the basti in the Laxman Bhandari chawl prior to demolishing their structures and further direct the other Respondent Authorities to cease any and all coercive actions against the Petitioners and those represented by them at Exhibit A;”

3. The challenge in the petition stems from the alleged illegal demolition undertaken by the respondents on 9 April 2021 of structures/hutments located at the Laxman Bhandari chawl at Charkop Gaon, Kandivali West, Mumbai on the land bearing survey no. 39 admeasuring 55 Hectares and 1900 sq. meters, (“Subject Land”) shown as reserved forest in the government / public records.

Prologue:

4. At the very outset, this case projects, yet again, the deep rooted menace of mushrooming of illegal slums, encroachments, unauthorized constructions/structures on government/public lands and the challenges that arise therefrom, to be faced by the already overpopulated island city of Mumbai. The petitioners in the present petition belong to the category of persons who have apparently encroached on government/public land as described below, shown as reserved forest in government records as also falling within the prohibited 50 meters buffer zone around mangroves where human habitation is legally impermissible. However, such persons continue to reside in their dwelling structure/houses primarily on the basis of claiming to be ‘protected occupiers’, under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (‘Slums Act’). It is on such basis that they assert rights and claim benefits under the Government Resolutions (GRs) dated 16 May 2015 and 16 May 2018. We are conscious of and cannot be oblivious to the delayed action and/or inaction on the part of the State machinery which at times would act as a mute spectator. Such approach would aggravate the problems th