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2026:BHC-OS:3472-DB 10-IA6016-25-WP4225-24.DOC

Digitally

signed by

PRASHANT

P VR ILA AS SHANTV RI AL NA ES

RANE Date:

2026.02.05

21:06:11

+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO. 4225 of 2024

AND

INTERIM APPLICATION NO.6016 OF 2025

Chetan Samajik Pratishthan & Anr. ...Petitioners.

VS

The Municipal Corporation of Gr. Mumbai & Anr. ...Respondents

And

Suryoday Co-op. Housing Society ...Applicant

__________

Mr. Pradeep Thorat with Mr. Ashish Gatagat with Shafi Shaikh and Mr. A.S.

Shaikh, for Applicant.

Ms. Pushpa Yadav, for Respondent-BMC.

Mr. Jagdish Aradwad (Reddy), for Respondent No.3/SRA.

Mr. Sanjeev B. Deore with Mr. Arman Ansari & Rutuja Gholap i/b. Suchita

Pawar, for Respondent No.1/Orig. Petitioner.

__________

CORAM: G. S. KULKARNI &

AARTI SATHE, JJ.

DATE: 3 February 2026.

ORAL ORDER: (Per 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.

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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 state of such toilets. The toilets of which the

photographs are placed on record, are in a ruinous condition, pathetically

maintained in regard to their cleanliness and hygiene. No repairs are being

undertaken by the municipal corporation. The reason inter alia being that part of

the land admeasuring 1449.15 sq. meter is the subject matter of a slum

rehabilitation scheme for which a Letter of Intent was issued by the SRA dated 13

October 2020, in favour of respondent no. 4-Buddha Prarthana Relators Pvt

Ltd., appointed by one Survodaya SRA Co-op. Housing Society formed by the

slum dwellers of about 60 hutments. Such slum scheme is stated to be for

rehabilitation of only 36 eligible rehabilitation residential slum dwellers, out of

which two are provisional residential rehabilitation, fourteen are eligible for

commercial rehabilitation and six are for provisional commercial rehabilitation as

set out in Exhibit R-1 of the affidavit filed on behalf of the SRA of Shri. G. B.

Gagare, Executive Engineer.

4. Thus, the case of the petitioners is that apart from such Letter of Intent

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issued by the SRA, presently, the remaining area of Buddha Nagar is not the

subject matter of any slum rehabilitation scheme on this land belonging to

MCGM.

5. The petitioners raising such grievances addressed a letter dated 12

October 2022 to the Chief Executive Officer, SRA in regard to upkeepment and

providing of the sanitary / toilet blocks requirements, essential for such large

slums. In such letter, the petitioner categorically recorded that Buddha Nagar 2

has 376 hutments, Bhaiyasaheb nagar has 276 hutments and New Lumbini baug

has 202 hutments, and that there are only 60 toilet blocks (seats) (20+20+10+10

= 60) which are in dilapidat