The Bombay High Court has dismissed two petitions contesting the legal validity of the Bhendi Bazaar Group Redevelopment Scheme, allowing the project being carried out by the Saifi Burhani Upliftment Trust (SBUT) to proceed. The court held that the initiative serves a public purpose despite being implemented by a private trust.
The petitions were filed by former residents of Lucky Building, which was demolished as part of the redevelopment. The petitioners, representing a minority of landowners, challenged the acquisition of their land within the 66,264.72-square-metre project area. They disputed a 2019 acquisition notice and a 2020 notice seeking possession of the property.
A bench comprising Justices Makarand Karnik and Shriram Shirsat rejected their arguments. The petitioners maintained that the land was not designated for public use in the Development Plan and, therefore, could not be acquired for a private entity under the Maharashtra Regional and Town Planning Act. They also argued that the legislation did not specifically provide for group redevelopment schemes and that the Development Control and Promotion Regulations 2034 did not grant SBUT any substantive rights.
The court disagreed, observing that involving a private developer does not diminish the public character of an urban renewal project. It noted that redevelopment in densely populated areas can improve living conditions by providing larger homes, wider roads and better sewage infrastructure.
Representing the Maharashtra government, Advocate General Milind Sathe argued that the planning authority had fulfilled its responsibilities. He also disputed claims that the building needed a separate declaration as dangerous before acquisition, stating that it was a more than century-old Category A cessed structure.
Senior advocate Birendra Saraf, appearing for SBUT, submitted that only seven per cent of landowners had withheld consent. He also said the petitioners knew about the scheme since 2011 but approached the court in 2021, after compensation had been determined.
The court accepted the submissions made by the state and SBUT, emphasising that broader public interest outweighed individual interests. It also noted that the petitioners’ property was not taken without compensation, clearing a significant legal hurdle for the Bhendi Bazaar redevelopment.
Source: Loksatta
