Writ courts cannot re-appreciate fact-finding report of high-level committee on slum boundary demarcation encroaching reserved fish drying land; such evidentiary disputes for civil court; reservations developable under slum rehab regulations with BUA handover.

JUDGMENT :

M. S. KARNIK, J.

1. The present petition has been filed under Article 226 of the Constitution of India, seeking the following substantive reliefs.

“(a) Issue a writ of certiorari or any other appropriate writ, order or direction for quashing and setting aside the order dated 24.02.2026 at EXHIBIT- B on page 59-86 passed by the Court Appointed Committee;

(b) Issue a writ of certiorari or any other appropriate writ, order or direction for quashing and setting aside the order dated 17.03.2022 passed by the CEO, SRA and the notification dated 17.05.2022 which is annexed hereto at EXHIBIT- M on page 233-348 to the extent that the Developer has been permitted to encroach upon the land in excess of 2397.70 sq. mts. by taking over land including the wall, the road and the two structures, situated on the land reserved for fish drying yard and allied activities;

(c) Issue a writ of mandamus or any other appropriate writ, order or direction restraining the Respondents from carrying out any development work on the land covering the wall, road and the two structures as shown in map at EXHIBIT-O on page 279 herein;

(d) Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondent Nos. 3 and 4 to carry out appropriate boundary demarcation of the CTS No. D/1105 by excluding the area covered by the road, the wall and the two structures from the SRA;

(e) Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondent No. 2 directing the removal of encroachment made by the Respondent No. 5 (Developer) on CTS No. D/1105 (Pt);

(f) Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondent No.5 to restore the original position as far as the wall, the road and the two structures are concerned;,

2. The facts of the case in brief are that the petitioners claim to be the original inhabitants of the Khar Danda Koliwada Khar (West), Mumbai 400052 and are members of the fishing community, primarily engaged in the traditional fishing activities. In this petition the petitioners are primarily concerned with CTS No. D/1105. These lands constitute their primary source of livelihood. The petitioners have been exercising their rights over the said parcel of land by virtue of customary and easementary rights. Their village, Danda Koliwada, is a traditional fishing village in the western side of Khar.

3. The petitioner No.1 is a registered Society under the Societies Registration Act, 1860, established in the year 1980. It was formed with the objective of promoting the development of fisheries and the welfare of the fisher community. Petitioner No.2 is also a registered Society under the Societies Registration Act, 1860. Petitioner No.1 and Petitioner No.2 have been actively involved in implementing various government schemes for the benefit of the fisherfolk, including subsidies for fishing nets and diesel for mechanized and high-speed fishing vessels. They have also been engaged in various social welfare activities like raising and addressing the welfare concerns of the fishing community of Khar Danda Koliwada.

4. The Petitioners are aggrieved by the order and report dated 24/02/2026 prepared