SRA officers must carry out their duties without political interference, respecting the rights of slum dwellers while implementing rehabilitation schemes.

JUDGMENT :

G.S. Kulkarni, J.

1. Rule. Rule is made returnable forthwith. By consent of the parties heard finally.

2. This is another unfortunate case, involving the Slum Rehabilitation Authority (`SRA’) which has reached this Court. The dispute in the proceedings is in regard to the preparation and finalization of Annexure-II in respect of a slum scheme which is being implemented, for the benefit of slum dwellers who have formed the Petitioner-the New Shree Krishna SRA Co-op. Housing Society Ltd. The slum scheme is being implemented on the acceptance of the Petitioner’s redevelopment proposal by the SRA vide its communication dated 16^th February 2023 issued by the Executive Engineer-II, SRA. The same was issued in favour of the developer appointed by the Petitioner namely M/s.Modi Spaces LLP. Thus, the petitioners’ slum scheme on plot bearing CTS No.846 at village Kandivali, Taluka Borivali, Mumbai was granted by the SRA. It appears from the record that the land belongs to the State Government which is encroached by the slum dwellers. As usual the State Government is nowhere in the scene.

3. We may observe that by now it is a well accepted scenario that the State Government or Brihanmumbai Municipal Corporation lands which are permitted to be encroached are quite freely available for development of the slums under the relevant laws in relation to slums and the Rules, Regulations thereunder. It is quite unfortunate that neither the State Government nor the public bodies like the Municipal Corporations would be bothered about removal of encroachments and render such lands to be exploited, only to the bulk of housing and commercial use, at the hands of the slum societies and the developers appointed by them without such valuable lands being available for any larger public purpose.

4. Be that as it may, coming to the case in hand, when proceedings were heard on the earlier occasion i.e. 25^th November 2025, we noted the Petitioner’s grievance that Annexure-II in respect of the Petitioner scheme was not being finalized, which has about 285 slum dwellers, on account of it being abruptly stopped at the behest of a local MLA as noted by this Court in the order passed on the even date. Accordingly, the Court directed the SRA to place on record its’ reply affidavit.

5. In pursuance of the said order a reply affidavit of the concerned officer namely of Mr.Balasaheb Tidke, the Deputy Collector (Special Cell), SRA, who on instructions from higher officials appears to have halted the further action to be taken in regard to Annexure-II is filed. In our opinion, the affidavit filed on behalf of the SRA is nothing short of opening a “can of worms”. The discussion hereafter would aid our conclusion.

6. At the outset, we refer to the relevant facts. The Petitioner claims to be a proposed society of the slum dwellers on land bearing CTS No.846 as noted hereinabove. It has appointed one M/s.Modi Spaces LLP and M/s.AMI Modispaces to carry out the redevelopment of the slum, which has 285 slum dwellers. Although the Petitioner has claimed that it also intends to undertake redevelopment in regard to another CTS No.834 (part), there appears to be some dispute in this regard as although a process to include CTS No.834 (part) was initiated by the Petitioner, however, same is only at the stage of recommendation and there is no final approval which has been granted so far by the SRA and more particularly in the nature of what has been issued to the Petitioner on 16^th February 2023, when the Executive Engineer-II, SRA accepted the