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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, AARTI SATHE
Chetan Samajik Pratishthan – Appellant
Versus
Municipal Corporation of Gr. Mumbai – Respondent
ORDER :
G. S. Kulkarni , J.
1. In regard to an extraordinarily large slum rehabilitation at Buddha Nagar, Govandi, Mumbai which is on the municipal land, the petitioners have brought to the fore an important issue, namely, of total dereliction of the duties and obligations by the officers of the Municipal Corporation of Greater Mumbai (MCGM), as also the Slum Rehabilitation Authority (for short “SRA”), in failing to provide the basic sanitation facilities of toilet blocks, as also in not maintaining and repairing the existing toilet blocks, which are stated to be in dilapidated condition.
2. Learned Counsel for the petitioner has submitted that the slum in question is situated on a large area of land belonging to the MCGM admeasuring about 1,83,000 sq. meters, having more than 4000 residents, who are residing in the hutments constructed on the municipal land. Also, there are commercial structures set up by the encroachers.
3. Our attention is drawn to a work order dated 9 July 2019 (Exhibit D) issued to one M/s. Riddhi Enterprises awarding the work of construction of these toilets, being awarded under the Slum Sanitation Programme. The grievance of the petitioner is of the dismal stat
Municipality - Citizens are entitled to enjoy a clean and healthy environment both in buildings and in open, which is a right emanating from Article 21 of the Constitution of India dealing with the p....
Swachha Bharat Mission - Claim entitlement to land - When the Plaintiff does not have title to C.T.S. merely on basis of lay out, it cannot claim entitlement to land where old toilet block existed wh....
The right to clean and safe public toilets for women is essential for dignity and health, recognized under Article 21 of the Constitution.
The judgment established that encroachment on public land does not entitle slum dwellers to demand rehabilitation on the same land or in the vicinity, and criticized the State Government's policy rew....
A municipal corporation can be held liable for negligence in maintaining public infrastructure, resulting in water logging and damages to private properties, warranting enhanced compensation.
Slum rehabilitation – Private agreements cannot be enforced in Slum Rehabilitation Schemes as against statutory mandate of SRA.
The Municipal Corporation's failure to comply with Court orders regarding illegal structures constitutes contempt, necessitating immediate action to uphold the rule of law.
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