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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, AARTI SATHE
Om Shri Sai Sra Co-operative Housing Society – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. common issues in slum rehabilitation petitions. (Para 1 , 2) |
| 2. court's direction for special cells to resolve grievances. (Para 3 , 4 , 5) |
| 3. developers' obligations in slum redevelopment. (Para 6 , 9 , 10) |
| 4. grievances of slum dwellers must be resolved amicably. (Para 7 , 17 , 18) |
| 5. conclusion with directions for further action. (Para 19 , 20) |
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
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 Ar....
The right to timely payment of transit rent for slum dwellers is a fundamental right under Article 21, necessitating effective administrative mechanisms for grievance redressal.
Slum rehabilitation – Private agreements cannot be enforced in Slum Rehabilitation Schemes as against statutory mandate of SRA.
The Slum Rehabilitation Authority can terminate a developer's appointment for inordinate delays in scheme implementation, emphasizing the developer's obligation to act proactively.
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