Bombay HC Stays SRA Redevelopment Project On Mumbai University Land In Kalina, Calls It 'One Of Most Unfortunate Cases'

Mumbai: The Bombay High Court has stayed the implementation of a Slum Rehabilitation Authority (SRA) redevelopment project on land acquired for the University of Mumbai in Kalina, Santacruz (East), terming it “one of the most unfortunate cases”.

A bench of Justices Girish Kulkarni and Arif Doctor passed the interim order on July 21 while hearing a petition filed by Mumbai University (MU), challenging the SRA project undertaken by developer Track Estates Pvt Ltd.

Land Acquired in 1962 for Educational Use Now Targeted for Slum Rehabilitation, Says University Petition

The project, intended to rehabilitate slum dwellers of Yogiraj Asram SRA CHS, is being implemented on land acquired by the state in 1962 for educational purposes.

The court observed that land earmarked for a public educational institution was being wrongly diverted for a slum redevelopment scheme.

“At least save the University land from encroachers and bonanza of a slum scheme of free housing to encroachers and large benefit to private developers, is the cry of the petitioners,” the bench remarked.

The university has sought directions to demarcate and hand over the land to MU, highlighting that while acquisition proceedings had been completed, certain mutation entries had not been made.

As a result, names of original landowners continued to appear in revenue records, enabling them to enter into transactions and facilitating encroachments.

Delay in Mutation Allowed Encroachments, University Tells Court

Advocate Yuvraj Narvankar, appearing for MU, submitted that despite the land being acquired for the university’s long-term needs, the delay in mutation allowed slum dwellers to occupy parts of it. These dwellers later formed a society and proposed a redevelopment plan to the SRA, which was approved and assigned to the developer.

Narvankar further argued that it was “unthinkable” to expect alternate land of similar value and location in today’s Mumbai, stressing the importance of preserving such land for educational infrastructure.

The SRA, the developer, and the slum dwellers’ society countered the claims, asserting that some of the land parcels were excluded from the acquisition.

Court Finds Merit in MU’s Claim, Says Public Purpose Land Can’t Be Diverted for Private Gain

However, the court found merit in the university’s claim, observing, “Prima facie, we are of the opinion that once land was subjected for acquisition for the public purpose to be vested with the Mumbai University, merely because effective steps were not taken by the state government… would not bring about a situation that such lands be utilized for the encroachers and for a Slum Rehabilitation Scheme.”

The bench also questioned the SRA’s authority in approving a slum rehabilitation scheme on land acquired for a public university, calling it a “vital issue” that needed deeper examination.

HC Restrains Any Action Based on SRA’s Letter of Intent; Next Hearing on August 11

Directing all parties to file their affidavits within three weeks to bring clarity, the court restrained the respondents from taking any steps toward the implementation of the slum scheme.

“Pending hearing and final disposal of the present petition, the respondents or any other entity or person claiming through or under them be restrained from acting in any manner in pursuance of the impugned Letter of Intent dated June 17, 2022,” the court ordered. The HC has kept the matter for hearing on August 11.