October 9, 2025: The Bombay High Court has expressed grave concern over the proposed redevelopment of 33 acres of prime government land in Cuffe Parade, South Mumbai, under the Slum Rehabilitation Authority (SRA) scheme, warning that it could amount to a misuse of public property under the guise of slum rehabilitation.
In an order issued on October 1, a division bench comprising Justices G.S. Kulkarni and Aarti Sathe observed that transferring such valuable state land for private development effectively removes it from the “public pool” and exposes it to “commercial exploitation” in a city already struggling with a shortage of open spaces, parks, and civic amenities.
The bench questioned whether the SRA had obtained Cabinet approval for the project, remarking that “prime land cannot be permanently taken away from the public domain for private gain”. The judges cautioned that such actions, “under the garb of slum rehabilitation”, could amount to a “fraud on the Constitution” if inconsistent with public interest.
The court noted a concerning pattern of encroachment and redevelopment on public lands in Mumbai, describing it as a “modus operandi” to profit from valuable state assets. The 33-acre plot, owned by the Maharashtra government, currently houses around 65,000 slum dwellers seeking redevelopment through a federation of local societies, with developer Precaution Properties Pvt Ltd appointed to execute the project.
While recognising slum dwellers’ right to rehabilitation, the court clarified that this did not entitle them to permanent occupation of prime state-owned land. It also recorded that the Ministry of Defence had denied a no-objection certificate due to the site’s proximity to sensitive establishments.
The court directed the Defence Ministry, SRA, and Maharashtra government departments to file affidavits within 10 days, emphasising that the issue concerns not just individual rights but the broader constitutional duty to preserve public land for future generations.
Source: Construction World
