FCC

Bombay HC refuses to defer demolition of Jogeshwari structures

2023-06-19

The Bombay High Court refused to defer the demolition of a few structures on a nearly 12,000 sq m land in Jogeshwari (E), observing that it would not only delay true rehabilitation but would also penalize individuals who had evacuated the property.

“This completely elides the situation of others who have vacated and whose structures have been demolished. They are out on a transit rent. They want the project to proceed so that they get their rehab units as fast as possible,” said Justices Gautam Patel and Neela Gokhale.

They heard a petition from 11 structure occupants opposing the Slum Rehabilitation Authority's eviction and destruction notice because there was no survey and their eligibility had not been determined. On May 4, the HC stated that their petition mentioned the survey. 90 of the 272 people on site were judged to be qualified. 180 people refused to cooperate. The petitioners were permitted to apply to the SRA by the HC.

The justices ruled that these constructions must be removed because the survey was conducted. They said the petitioner’s seek “possibly as a mercy application” to extend time to vacate but such an application is “extremely unfair.” They noted that the petitioners “have staved off demolition for the last six months.”

The judges said under SRA law, rehab units have to be constructed first and “staying demolition of individual structures delays completion of the rehab units.”

“It seems to us unthinkable that persons who want protection against demolition should be utterly unmindful of persons who were once their neighbours and fellow slum dwellers. This now becomes an each-person-for himself-or herself situation and all sense of a community or a larger responsibility is lost. We will not permit this,” they added.

SRA’s advocate said it was waiting for authorities, including the electricity and rationing office, to confirm the petitioner’s documents. But the judges said it “entirely unacceptable” that SRA had not sent a reminder to the authorities as HC had ordered it to decide the petitioners’ application by June 8.

The judges adjourned the hearing until June 20 and stated that they would keep an eye on the eligibility decision-making procedure until SRA's conclusion. Regardless of their eligibility, the petitioners consented to accept Gyan S P Developers' offer of a 6-month advance transportation rent.