HC paves way for Santacruz slum redevelopment stuck for 4 years
'Any defiance to the rule of law must be dealt with…an iron hand so that the faith of the people in the judicial system is maintained,' the division bench of justices Revati Mohite Dere and Dr Neela Gokhale said, upholding a petition filed by Siddhivinayak CHS, a proposed co-operative housing society formed by the slum dwellers, and Arihant Construction, the developer appointed by the society for redeveloping the settlement.
The petitioners had sought directions to the SRA to implement its own order dated February 16, 2024 and eviction notices issued to slum dwellers on March 19, 2024 under the Maharashtra Slum Area (Improvement, Clearance and Redevelopment) Act, 1971 and begin eviction proceedings against non-cooperative slum dwellers.
Any obstruction to implementation of the court's order would be treated as 'interference with the administration of justice' and 'dealt with accordingly', the court warned.
According to the order, the Jaku Club neighbourhood, declared a slum in 1977, is spread over seven plots and houses 362 families. Among these, 271 families were found eligible for free rehabilitation in the redevelopment project, which was granted a commencement certificate in September 2021.
Out of the 271 families eligible for rehabilitation, 152 families vacated their premises after receiving rent from the developer, to the tune of ₹17,000 per month. The developer has deposited over ₹6.5 crore with the SRA as transit rent for the 271 eligible families , with annual expenses estimated at ₹2.95 crore, the order said.
Slum dwellers opposing eviction had filed multiple petitions challenging the SRA's notices dated February 16, 2024 and March 19, 2024. The court had dismissed these earlier, saying redevelopment could not be delayed until every eligibility claim was decided as it would make execution of the project impossible.
In June 2024, while dismissing one such petition, the high court noted that interests of even pending claimants were protected through deposited rents. When the claimants filed an application subsequently to recall the judgment in, the high court came down heavily on the 'pattern' of last-minute litigation aimed at stalling demolition drives, calling it an 'abuse of judicial process' and imposing a fine of ₹10,000. In September 2024, the Supreme Court dismissed a special leave petition against the high court order.
Despite these court orders, the SRA was facing threats and intimidation from some residents and had been unable to secure police help to evict them, SRA officials told the court. The bench expressed deep concern and directed the Vakola police station to provide necessary assistance to the SRA in evicting slum dwellers and vacating the property within two weeks.
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