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.

JUDGMENT :

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 such Scheme or Project, in such manner and accompanied by such fees, as may be determined by the authority.

(2) Where the Chief Executive Officer or the Competent Authority, as the case may be, is satisfied that the developer of any Slum Rehabilitation Scheme or Slum Redevelopment Project has defaulted in paying rent in lieu of transit accommodation to the eligible slum dwellers as agreed, the Chief Executive Officer or the Competent Authority may, after making such enquiry in respect of any amount due, on his own motion or on receipt of the application from the eligible slum dwellers, issue an order for the recovery of such amount within such stipulated time as may be specified in the order.

(3) The amount specified in every such order for recovery issued by the Chief Executive Officer or the Competent Authority, as the case may be, if not paid by the developer within the time specified in the order, it shall be recoverable as an arrears of land revenue in accordance with the law for the time being in force:

Provided that, if the person against whom the order for recovery is issued, is a company or a limited liability partnership having no sufficient property to satisfy the amount due under recovery order, then such amount shall be recovered from the personal property of the directors or partners of such company or firm, as the case may be.”

9. Thus, there is now a clear mandate of law, which needs to be meticulously observed. It is in the wisdom of the Chief Executive Officer, appropriate action in that regard now be taken.

10. Before parting, we may observe that the nature of the grievances of