LAWS(SC)-2023-12-27

SAYUNKTA SANGARSH SAMITI Vs. STATE OF MAHARASHTRA

Decided On December 15, 2023
Sayunkta Sangarsh Samiti Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The appellants before this Court have challenged the order dated 22.10.2021 passed by the High Court of Judicature, Bombay, which has dismissed the Writ Petition of the appellants. The petition was for quashing of the order dated 26.10.2020 passed by respondent No. 2 i.e. Slum Rehabilitation Authority, Maharashtra (hereinafter referred to as 'SRA').

(2.) SRA had proposed a Slum Rehabilitation Scheme for the slum at CS No. 1(pt) of Lower Parel Division at J.R. Boricha Marg. The project was for construction of a total built up area of 75854.716 sq. m., where 1765 slum dwellers were to be rehabilitated. Nine towers i.e. tower nos. A to I, 69 commercial tenements, 24 recreational tenements, 6 existing amenities, 19 balwadis, 19 welfare centres and 19 society offices, were in the construction plan. The construction of all the above towers has been completed as of now, and 473 slum dwellers have already been given possession of their tenements in Towers A, B and C. All the same, the allotment for the remaining towers has been stalled due to the present dispute and the ongoing litigation between various stake holders of the project. Hopefully it should end now.

(3.) Slums of Mumbai are symbolic of the existing inequalities in our society. The growth of industries and urban centres invariably result in migration of rural population to urban industrial areas areas, in search of employment. The migrants, displaced poor and the marginalised are forced by circumstances to form a living space for themselves, which are called slums. Slums have also been described as a crowded settlement of temporary household with inadequate facilities and very poor hygienic conditions. Although, many of the slums in Mumbai such as 'Dharavi', 'Byculla' and 'Khar' were initially villages, but they too have mushroomed into slums in the lopsided urban development.