The Bombay High Court has expressed strong objections to a proposal for allotting around 33 acres of prime government land in the Cuffe Parade and Colaba area of South Mumbai for a slum rehabilitation project. A division bench of Justices Girish Kulkarni and Aarti Sathe described the move as alarming and potentially indicative of an attempt to divert valuable public land under the guise of slum redevelopment. The proceedings arose from petitions challenging the State Government’s decision to allow slum dwellers who had occupied government land to form a society and appoint a private developer for rehabilitation while also enabling the construction of private buildings on the same land.
The Court observed that this parcel of land represents one of the last remaining large government holdings in South Mumbai—a densely developed and highly valuable area where public land is extremely limited. It questioned whether the State Cabinet had formally approved such an allotment and expressed concern that the land, if handed over, would be permanently lost to public use. The judges noted that the proposal appeared to involve not only the rehabilitation of slum dwellers but also the development of commercial or residential buildings for private sale, effectively converting public land into private property.
The bench emphasized that while the Slum Act permits rehabilitation projects, it does not authorize the permanent transfer of public land for private gain. The Court warned that such measures must comply strictly with constitutional principles and public trust obligations, which require the government to manage public resources for collective benefit rather than private enrichment. It remarked that allowing private developers to undertake large-scale construction on prime government land under the pretext of rehabilitation could set a dangerous precedent and amount to a loss of property meant for public purposes such as parks, infrastructure, or other civic needs.
Directing greater accountability, the High Court ordered the State Government to file an affidavit explaining whether a Cabinet decision had approved the allotment of the land to the Slum Rehabilitation Authority for redevelopment. It also sought clarification from the Collector of Mumbai regarding whether due permissions had been obtained from higher authorities before initiating the project. Furthermore, the Court directed the Ministry of Defence, the State Urban Development Department, and the Chief Executive Officer of the SRA to submit their individual responses within ten days.
The judges cautioned that transferring valuable public land in South Mumbai without proper authorization could not be justified merely by invoking slum rehabilitation. They described the practice as a “usual way to siphon off public land,” highlighting the need for transparency, fairness, and adherence to established norms in the use and allocation of state-owned property. The matter has been listed for further hearing after the State submits its detailed responses.
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