Redevelopment – Slum Area – Eviction of Slum Dwellers

The petitioners are occupants of the plots declared as slum area.   Respondent No.7 Galaxy CHS executed Development Agreement on 17.4.2013 with Respondent No.5.   Respondent No.6 Yogiraj CHS also executed such an agreement dated 23.8.2013 with Respondent No.5.

The petitioners being 3 out of 208 slum dwellers and members of the Society were given eviction notices under Sections 33 and 38 of the Slum Act.   This was challenged before the Apex Grievances Redressal Committee for quashing eviction notices and also for cancellation of LoI & amalgamation of schemes.

This appeal was dismissed by the impugned order dated 26.9.2024.  The Committee found that a Slum Scheme cannot be hindered on account of frivolous objections of handful slum dwellers.

HELD that the land occupied by the petitioners is a censused slum and approved under SRS in 2014.   This was not challenged but challenged the amalgamation of two schemes.  The petitioners being members of the Society do not have any individual rights to challenge the LoI.  They had raised objection to the scheme only when eviction notices were given.  Their rights as individual members is protected on issues of rent payment, alternate accommodation, etc. Moreover, Respondent no.5 has demolished 158 hutments, and they are presently staying on transit rent.  In respect of Yogiraj CHS, 119 have executed PAAA and 91 structures have been demolished.  None of the dwellers, other than the petitioners, have raised any grievance.

An entire SRA scheme cannot be put to peril on account of certain technical infirmities or objections to the scheme being implemented.  Majority dwellers waiting for rehabilitation would suffer grave prejudice and hardship on account of stalling SRS by the petitioners filing frivolous litigation.

 Judgment dated 8.5.2025 of the High Court of Bombay in Writ Petition (L) No.30829 of 2024 of Ashok Kumar Gupta & Others   Vs.   State of Maharashtra 

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