Mumbai: The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC), Slum Rehabilitation Authority (SRA), and developers to approach the Supreme Court seeking clarification on whether a Slum Rehabilitation (SR) scheme can be implemented on a plot in Khar (West) reserved for a playground.
A bench of Chief Justice Alok Aradhe and Justice Sandeep Marne was hearing a Public Interest Litigation (PIL) filed by local resident Dileep Saptarshi seeking demarcation and fencing of 6000 sq.mtrs of land on a plot of land on Ambedkar Road, Khar, for use exclusively as a playground, as reflected in the Development Plan of 1991.
A parallel petition by slum dwellers, through advocate Pradeep Havnur, swho had encroached on a portion of the plot, sought implementation of an SR scheme on a part of the same land.
Saptarshi ‘s plea pointed to a Supreme Court order of April 3, 1995, which restrained construction of any dwelling units on the 6000 sq.mtrs reserved as a playground. “Despite the apex court order, the SRA and developers are carrying out construction activity on the land,” his advocate Gayatri Singh argued.
However, senior counsel Milind Sathe, appearing for the SRA, contended that the Development Control and Promotion Regulations (DCPR) 2034 allow slum redevelopment even on plots reserved for playgrounds, provided 35% of the land is left open. He added that “similar provisions existed in DCR 1991”. He added that the court had recently upheld this in another matter. The SRA proposed that 4057.5 sq.mtrs of the land would remain open post-redevelopment.
BMC’s counsel Kapadia said that the actual area of land reserved for a playground was 5255 sq.mtrs as per joint survey, and not 6000 sq.mtrs, with only 4802 sq.mtrs available on the ground.
Given the Supreme Court’s 1995 order, the HC observed: “If contesting respondents contend that implementation of the SR scheme is permissible, they must seek an appropriate clarification from the Hon’ble Apex Court.”
Bombay HC Rules Arrest Illegal For Delay Beyond 24 Hours, Says Medical Exam Time Can’t Be ExcludedUntil such clarification is obtained, the Court said, the interim order passed in 2021 restraining construction will continue. It added that the slum dwellers’ writ petition regarding eligibility will only be considered if the Supreme Court permits the SR scheme.
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