2025August 2025High CourtLatestLegalReal Estate

Politics Vs Public Good of Slum Redevelopment

 

Judgment dated 22.8.2025 of the High Court of Bombay in Writ Petition (L) No.18500 of 2025 of Shree Gurukrupa SRA Coop Hsg Sty  Vs.   Minister of State, Home (Rural), Housing School Education Cooperative Mining Department and others with connected matters.

 Slum Rehabilitation Scheme – Interference of local MLA and rival Developer –

In 2020, the Society of slum dwellers appointed the Development for redevelopment of slum land.

 The Respondent No.9 local MLA has been addressing letters to the authorities in support of the Respondent No.8 rival developer and objections to the grant of permissions to the petitioner for the said SRA scheme.

 However, the Commencement Certificate was not issued inspite of having complied with all conditions and obtaining NOC by the petitioner.

 The Petitioner had, therefore, invoked Regulation 2.8 of 33(10) of DCPR 2034 for deemed NOC since the MCGM had even after 60 days from the IOA, neither granted nor rejected the said NOC.

 On 13.5.2025, the Respondent No.9 filed complaint before the Respondent No.1 Minister of Housing for cancellation of the LOI.  On the next day, the notice to the respondent nos.2 and 3 was issued for meeting with regard to LOC cancellation.

 In this background, the Developer filed the writ petition challenging the said notice dated 14.5.2025 and also to restrain third party interference including political and rival developer in SRA scheme.

 We must, most regrettably, note that in case after case the Respondent Authorities and in particular Respondent No.2, seemingly forget and/or overlook the very object for which the Sums Act was enacted and continue to act in the interest of developers, and hence slum rehabilitation projects are often delayed solely due to competing interests of rival developers.

 HELD that the Respondent Nos.2, 3, 5, 6 and 7 are hereby restrained from entertaining any complaints and/or interference from Respondent Nos.8 and 9 insofar as they pertain to the present slum scheme.

 

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