Redevelopment of Slum on Government land – SRA responsibility
Redevelopment of Slum Land & Obligations of State & SRA
In the present case, the slum dwellers on this government land formed an extraordinary number of proposed co-operative Societies, i.e., about 33 Societies. Thereafter these slum Societies came together and formed a “Federation of Societies”/respondent no. 9, namely, the Siddharth Colony Vikas Sena Sangh Sahakari Grihnirman Sanstha (Proposed) Housing Federation (for short “the federation”).
In August, 2006, the Federation appointed one developer for redevelopment of the slums and the agreement for the Slum redevelopment scheme under Regulation 33(10) of DCR 1991 was executed.
In 2007, the developer submitted the proposal of 1654 out of 2603 slum dwellers. Thereafter, there were disputes leading to the proceedings & order of the High Power Committee of SRA and filing of the writ petitions. In the said writ petitions, consent terms were filed in 2021 and the petitioner has stepped in as developer. Accordingly, comprehensive agreement of 36 pages was executed and in 2021, the SRA was appointed as the developer for the SR Scheme.
After all approvals were granted to the petitioner, some of the slum dwellers societies filed review petition to recall consent terms.
On 8 July, 2025, the SRA by its communication addressed to the petitioner, allotted Permanent Transit Camps (PTC) in favour of the petitioner, so that the slum dwellers can be shifted to the transit camps and the slum land vacated for undertaking construction. The petitioner was required to make payment of an amount of Rs.1,52,50,000/- towards rent of the PTC. On 16 July, 2025, the petitioner deposited an amount of Rs.1,52,50,000/- with the SRA towards PTC rent and a receipt to that effect was issued in favour of the petitioner.
Thus, considering the nature of the horse-trading which takes place in slum rehabilitation schemes, and more particularly in respect of slums situated on Government land, we are of the clear opinion that, henceforth, as a matter of policy, the Chief Executive Officer, SRA, needs to invoke the proviso below Clause 1.15 of the Regulation 33(10) of the DCPR, so as to avoid such conflicting claims of the slum dwellers in the appointment of the developer.
Thus, the entire responsibility and accountability of redevelopment of the slums situated on Government land in a manner the State Government/public body may deem appropriate in situ or otherwise should be entrusted to the State Government, in terms of the proviso below Clause 1.15 of the said Regulation.
In taking any such steps the State Government/Public body needs to consider whether the public lands need to be utilized only for slum redevelopment or the same needs to be used for any other public purpose so that the redevelopment of slum land can be dispensed with and the slum dwellers if eligible can be accommodated/ rehabilitated elsewhere.
We are accordingly inclined to direct that, henceforth, as the law may mandate, the State Government or the public bodies shall take over the redevelopment of slum schemes on their lands, as may be permissible in law, so that the slum-dwellers do not adversely suffer, being entangled in litigation with developers. This would also ensure that the redevelopment of slums on Government land, to the extent permissible in law, remains within the obligation and control of the State Government, or the public bodies, failing this, a chaotic situation which is usually brought about in respect of redevelopment of slums on government/ public lands, as noticed in the present proceedings, and the scores of litigations coming before the Court, can never stop. Let these observations be brought to the notice of the Secretary, Urban Development Department, as also the Municipal Commissioner, MCGM, and all the respective Municipal Corporations in the Mumbai Metropolitan Region and the Pune Municipal Corporation, Nagpur Municipal Corporation and Aurangabad Municipal Corporation.
