SC issues notice to developers over transit rent delay in SRA project
MUMBAI: The Supreme Court on May 13, issued a show cause notice to two developers overseeing the slum rehabilitation project at Mori Road, Mahim (West). This came in response to the contempt petition filed by the legal heir of one of the hutments, who did not receive transit rent, as per the law.
On December 27, 2021, Sadiqa Ali Abbas requested the Slum Rehabilitation Authority (SRA) to record her name as the legal heir of her deceased grandmother, Sajadibegam Sayyad Majid, whose name was recorded in Annexure – II of the Slum Rehabilitation Scheme of Navkiran Co-operative Housing Society.
Annexure-ll of the scheme determines the eligibility of slum dwellers for rehabilitation, who are entitled to transit rent- a compensation for the temporary relocation during the redevelopment process.
Abbas filed a petition in the Bombay high court on September 7, 2022 claiming that despite submitting the required documents to record her name as the legal heir, no action was taken by the competent authorities and that the delay has resulted in not receiving the rent from the builder towards transit accommodation. The high court directed the competent authority to resolve the matter within six months.
Aggrieved by the order issued by the high court for unnecessarily delaying the process by granting a period of 6 months whereas the hut was already being demolished by the builder, Abbas approached the Supreme Court on October 17, 2022. The SC directed the SRA to take a decision within three months, adding, 'If the petitioner's name is entered in Annexure – II, she would be entitled to all other consequences as envisaged in law'.
Subsequently, the SRA issued a succession certificate to Abbas, and directed Omkar realtors and developers pvt. ltd. to deposit the outstanding rent amount, and Shree Nidhi concept realtors pvt. ltd., to deposit the rent arrears within 15 days.
On January 23, 2024, Balasahev Tidke-the Deputy Collector (Special Cell), Slum Rehabilitation Authority, issued a letter of appeal against the succession order stating that the documents produced for succession are not valid.
Due to the inaction of the authorities, Abbas approached the apex court once again in April 2025 through A A Siddiquie & Associates Advocates, urging it to initiate contempt proceedings against the respondents for not complying with its previous order passed by the SC in 2022.
After the perusal of the documents, the division bench of justices Surya Kant and Nongmeikapam Kotiswar Singh issued a show cause notice to the two developers- Omkar realtors and developers pvt. ltd. and Shree Nidhi concept realtors pvt ltd, seeking their response as to why the contempt of court proceedings should not be initiated against them.
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