The Supreme Court has approved the redevelopment of the Bharat Nagar slum in Bandra (East), dismissing an appeal from residents against the Slum Rehabilitation Authority (SRA). This decision allows the SRA to begin its rehabilitation project, as the court found that the residents were not eligible for the benefits provided to slum dwellers.
According to the SRA, out of 2,965 surveyed structures in the Bharat Nagar area, 2,625 were eligible for rehabilitation. The court deemed that the residents were using delaying tactics, which hindered the project’s progress.
The case originated when the SRA issued a notice in January 2019, asking residents to vacate their homes within 15 days. The SRA based its actions on the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act of 1971. The residents challenged this notice, but their claims were rejected by the Bombay High Court in January 2023.
Following the high court’s decision, the residents approached the Apex Grievance Redressal Committee (AGRC), but their objections were dismissed in June 2019. They argued that their homes fell under the Maharashtra Housing and Area Development Authority (MHADA) jurisdiction and should be redeveloped under a different scheme. However, the AGRC found their concerns unsubstantiated, noting that some residents had previously made similar claims that were also dismissed.
Despite clear rulings against them, the residents did not vacate their premises, prompting the SRA to issue another notice in December 2022. This was again challenged in court, but the high court upheld the SRA’s authority on the matter.
The Supreme Court reiterated that the residents were not recognized as legitimate tenants of MHADA. Instead, they were classified as transit tenants during infrastructure development and were ineligible for slum rehabilitation. The SRA emphasized that a cooperative society representing 261 eligible residents was in support of the redevelopment, while the petitioning residents were undermining this collective effort.
Justice Sudhanshu Dhulia criticized the appellants for their attempts to delay the process, noting that over 70% of eligible slum dwellers wanted the redevelopment to proceed. The court highlighted that some residents, previously eligible for benefits, declined offers likely because they anticipated better accommodations if MHADA led the redevelopment.
In conclusion, the Supreme Court dismissed the appeals, stating that the claims from the residents had no merit. The opportunity for redevelopment would continue, benefiting many others who need housing support.
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