Court upheld the status of petitioners as slum dwellers under the Slum Rehabilitation Scheme, denying claims for larger commercial premises due to expired lease rights and unauthorized expansions, emphasizing the limited judicial role in policy-making.

JUDGMENT :

SANDEEP V. MARNE, J.

1. Petitioners, who claim to be allottees/lessees of land for setting up commercial shops in Government Colony, Bandra (East), Mumbai, have filed these Petitions seeking their rehabilitation on account of demotion of their structures for transfer of the land by the State Government for construction of High Court building. Petitioners are demanding grant of alternate commercial premises of sizes equivalent to area in their respective occupation, within the project of redevelopment of the Government colony at Bandra. Though at the time of filing of the Petitions, cases of Petitioners were not being considered for allotment of any alternate premises, during pendency of the Petitions, they participated in the process for decision of their eligibility for implementation of Slum Rehabilitation Scheme and they have been held eligible for rehabilitation. They would accordingly secure permanent alternate commercial premises on ownership basis of about 225 sq. ft. each. Having secured right of allotment of commercial premises of about 225 sq. ft each, Petitioners now contend that they be treated differently than slum dwellers and be granted alternate premises of sizes equivalent to the size of their demolished structures within the Bandra Government Colony. Petitioners have accordingly sought prayers for decision of their representations dated 19.05.2025 and 17.07.2025, for allotment of alternate commercial premises of equivalent sizes and for framing of a policy for grant of alternative commercial premises in the commercial shops earmarked pursuant to the policy dated 08.02.2023.

2. Petitioners claim to be lessees in respect of open spaces at Government Colony, Bandra, Mumbai. According to Petitioners as many as 157 allotments were made for setting up shops within Government Colony, Bandra by the State Government, by execution of lease agreements with the allottees. In their Petitions, Petitioners have pleaded details of allotments made in their respective cases. The details in respect of allotments made in respect of structures involved in each Petition are as under:

2.1 Petitioner in Writ Petition (Lodging) No.27211 of 2025 (Smt. Kalawati Bhimrao Thorat) relies on Agreement dated 28 January 1976 by which open space admeasuring 375 square feet in Government Servants Colony, Bandra was allotted in the name of Shri L.S. Yadav for running the business of tea, coffee and panpatti in the existing shed of sugarcane juice stall. Petitioner-Kalawati Thorat is the daughter of Shri L.S. Yadav and after death of her father, she applied for transfer of lease in her name by letter dated 4 May 1983. According to Petitioner, the tenure of lease expired in the year 1983, after which she is in continuous correspondence for renewal of lease. The Desk Officer in the Revenue and Forest Department informed her that the tenure of the lease had expired and that in the event of decision for renewal of lease, the proposal for transfer of lease in her name would be considered. She is also relying on letter dated 20 May 1988, which is the internal correspondence between the officials of Public Works Department regarding inspection of her structure. It is claimed that the lease rent is paid upto the year 2021, after which the Government has stopped acceptance of the rent.

2.2 The Petitioner in Writ Petition (Lodging) No.31157 of 2025 (Narmada Sampa