The court mandated the establishment of Special Cells by the SRA for ensuring timely resolution of grievances related to transit rent and permanent housing, emphasizing slum dwellers' rights under Article 21.

JUDGMENT :

1. As common issues of fact and law are involved in this batch of Petitions filed under Article 226 of the Constitution, they are being disposed of by this common judgment.

2. The issues in these proceedings primarily relate to the grievances of the petitioners regarding non-payment of transit rent by the developers in respect of the Slum Rehabilitation Scheme(s) with which they are concerned. The second issue revolves around failure to handover possession of the permanent alternate accommodation in a completed Slum Scheme coupled with non-payment of transit rent, and/or a combination of these issues in some cases.

3. On 17 December 2025, after hearing the parties on all these issues, a detailed order was passed by us issuing certain directions. As observed, the basic concern was to the effect that such issues ought not to reach the Court, as all such grievances which are quite fundamental to a Slum Scheme, they need to be effectively examined and addressed at the level of the Slum Rehabilitation Authority (SRA). The SRA also accepted a fair approach that such grievances can be effectively and expeditiously addressed by the SRA. Accordingly, we requested the Chief Executive Officer to constitute appropriate “Special Cell(s)” to deal with such cases, which would effectively consider the grievances of the slum dwellers, who are deprived of their legitimate entitlements, either in respect of transit rent or permanent alternate accommodation. The order dated 17 December 2025 is required to be noted, which reads thus:-

“1. The issues which arise for consideration in the present proceedings are inter alia in regard to non-payment of transit rent to the Petitioners by the concerned developers, who are undertaking “slum redevelopment projects.” Such issues as also appreciated on behalf of the SRA by Dr. Saraf, learned Senior Advocate, as instructed by Chief Executive Officer, who is present in Court, in our opinion, ought not come to the Court. An appropriate and urgent attention to these issues at the departmental level needs to be devoted. We are informed by Dr. Saraf, that the concerned officer, who normally looks into these grievances is the Assistant Registrar of Societies – SRA. However, from the large number of proceedings reaching this Court on such issues, it appears that an effective mechanism is not in place and/or there is something which is drastically amiss. Considering the issues deliberated before the Court today, Dr. Saraf, would fairly submit that the Chief Executive Officer can evolve a more effective mechanism by setting up “Special Cells” of designated Officers which needs to more than one Special Cell, which can look into these issues in the spirit of the orders passed by us in Writ Petition (L) No. 32632/2025 Vijay N. Gujar and Others Vs. State of Maharashtra and others as directed in paragraph Nos 8, 9 and 10, which reads thus:

“8. At this stage, we are pointed out that there is a recent amendment by incorporating Section 33B to the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 vide Mah. 42 of 2025 with effect from 29 August, 2025, which in fact would take care of the concerns which we have expressed. However, under the said provision, actions needs to be taken and the provisions ought not to remain in the statute book. Section 33B of the Act reads thus.

“33B. (1) The eligible slum dwellers of the Slum Rehabilitation Scheme or Slum Redevelopment Project, may apply to the Chief Executive Officer or the Competent Authority, as the case may be, for recovery of rent in lieu of transit accommodation due from the developer of