PNN
New Delhi [India], March 6: The Supreme Court in its recent judgment on 27th February, 2025 has cleared the way for the redevelopment of the Bharat Nagar slum in Bandra, dismissing an appeal by residents attempting to stall the project. The court ruled that the appellants were using “dilatory tactics” and were ineligible slum dwellers. The Slum Rehabilitation Authority (SRA) had surveyed 2,965 slum structures in Bharat Nagar, of which 2,625 were deemed eligible for rehabilitation. Over 70% of these residents had already consented to redevelopment.
Bharat Nagar spans 44 acres and contains approximately 7,200 to 7,700 tenements, comprising 3,700 MHADA tenants and 3,500 to 4,000 Photo Pass tenants. It is divided into 22 societies and is being redeveloped by multiple developers, including Omkar, Budhpur Adani, Forum Homes, and HDIL.
A bench of Justices Sudhanshu Dhulia and K V Chandran ruled on February 27, upholding the Bombay High Court’s January 4, 2023, decision that rejected challenges to SRA’s eviction notice. The appellants had argued that the land was a MHADA layout and should be redeveloped under Regulation 33(5) of the Development Control Regulations (DCR) rather than under the slum redevelopment Regulation 33(10). However, the Apex Grievance Redressal Committee (AGRC) had already dismissed their claims in 2019, stating that MHADA had consistently maintained the plot was never part of its designated layout.
Sanctioned in 2010, the Bharat Nagar redevelopment project involves merging three plots. While Phase I is complete, Phase II stalled due to residents resisting vacating their premises. The Supreme Court ruled that the project relates to a “censused slum” and does not require a separate notification under Section 4 of the Slum Act. MHADA, which owns the land, had granted a No Objection Certificate (NOC) for redevelopment under SRA, with the court stating that, while technically a MHADA property, the area had evolved into a slum and required redevelopment under SRA.
Some appellants, initially ineligible, were later granted eligibility but rejected the standard rehabilitation housing, seeking larger accommodation under MHADA’s scheme instead. The Supreme Court ruled that disturbing the ongoing project at this stage would defeat its purpose, benefiting thousands of eligible slum dwellers.
The court also noted that only four appellants had initially approached the High Court, while others joined later, calling them “fence-sitters” attempting to claim grievances belatedly. “This ruling not only facilitates the development of Bharat Nagar but also safeguards the interests of slum dwellers and developers alike,” said Adv. Sayyed Hussain. “It serves as a blueprint for similar projects across Mumbai, accelerating urban transformation,” Hussain added.
Bharat Nagar consists of two distinct layouts: the MHADA layout, spanning 7,643 square meters, which includes planned legal tenements, and the SRA layout, which consists of encroached settlements where residents qualify for rehabilitation. This distinction impacts redevelopment, as MHADA tenements fall under a structured framework, whereas SRA layouts require additional regularization and rehabilitation.
As per regulations, censused slums documented in government or municipal records from 1976, 1980, 1985, or before January 1, 1995, automatically qualify for redevelopment. MHADA confirmed to both the High Court and AGRC that the land, while under its ownership, was never part of its planned layout and had been declared a censused slum in 1981.
With the Supreme Court dismissing the appeal, redevelopment is now set to proceed without further legal hurdles, paving the way for a modernized Bharat Nagar that will improve living conditions for thousands of residents.
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