October 3, 2025: The Bombay High Court on Wednesday cautioned that large tracts of public land cannot be appropriated under the guise of a slum redevelopment scheme. Justices Girish Kulkarni and Aarti Sathe expressed concern over the state’s largesse, stating that a 33-acre government-owned plot in the Cuffe Parade/Colaba area—one and a half times the size of Oval Maidan—cannot be permanently removed from the public pool and handed over for private development, particularly in a city already deprived of gardens and open spaces.
The court observed that the rights of slum dwellers cannot outweigh public interest, and such land should be reserved for public purposes. The hearing revealed that a slum society, formed by 65,000 encroachers, intends to have the land developed by builder Precaution Properties Pvt Ltd. The bench warned that granting such a vast area free of charge to slum residents could undermine the city’s long-term needs.
The matter came before the court after the Slum Rehabilitation Authority (SRA) project was blocked due to the defence ministry’s refusal to grant a no-objection certificate. The judges noted that the SRA appeared “too keen” to allow a valuable government asset to be permanently extinguished from the public domain.
The HC emphasised that the Slum Act cannot override constitutional principles, stating that permitting private development on such land could amount to “a fraud on the Constitution.” Highlighting the scarcity of government land in Mumbai, the bench said sea-facing land in south Mumbai is invaluable for public amenities such as gardens and open spaces.
The court directed the Maharashtra government to clarify whether the Cabinet had made a considered decision to allot the land for slum redevelopment and sought affidavits from the defence ministry, state revenue and urban development departments, and the CEO of the SRA within ten days. The next hearing has been scheduled for 15 October.
The petitioners noted that the 65,000 slum dwellers have been waiting for over two decades, and further delays or litigation would be detrimental not only to them but also to the wider public in Cuffe Parade.
Source: The Times Of India
