New Shree Krishna SRA CHS v. Slum Rehabilitation Authority, Mumbai

2024) requesting that any request made by SRA to grant police protection, ought not be granted, insofar as slum development being undertaken on land CTS No.846 is concerned, on which the Petitioner was implementing the slum scheme. It appears that said letter also included certain other survey numbers and names of other developers. The grievance of the said MLA as seen from the said letter was in regard to the developer appointed by the Petitioner M/s.Modi Spaces LLP, who according to him although has undertaken other schemes, the same were not being diligently implemented and/or were excessively delayed and which according to him was the concern of the said slum dwellers.

10. It appears that although the letter dated 6th March 2024 was addressed to the CEO,SRA, and not directly to Mr.Balasaheb Tidke, Deputy Collector (Special Cell), the deponent of the reply affidavit, the effect of the said letter at the instance of CEO appears to have percolated to the said Competent Officer, who abruptly stopped further actions to be taken in regard to the issuance of Annexure-II in regard to the Petitioner’s scheme. It is more than one year, that such extra-legal or extra judicial interference has continued to influence the CEO of SRA as also the concerned Competent Authority, who have completely stopped the further actions to be taken in regard to the Petitioner’s scheme and more particularly finalizing Annexure-II. It is in these circumstances the Petitioner has approached this Court in the present proceedings, inter alia, praying for issuance of the writ of mandamus directing the SRA to finalize theAnnexure-II in regard to the Petitioner’s slum scheme and for a writ of mandamus in regard to the interference of the rival societies in the Petitioner’s scheme in terms of the letter dated 28th (prayer-b). The prayers as made in the petition reads thus: “(a) This Hon’ble Court be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of Writ of Mandamus under Article 226 of the Constitution of India thereby directing the Respondents to take immediate steps for preparation and finalization of the Annexure-II in respect of the SRA scheme submitted by the Petitioner Society through its developer in respect of the land bearing CTS Nos.846 and 834 (part) of village Laljipada, Kandivali, Taluka Borivali, Mumbai Suburban District and finalize the Annexure-II in some time bound manner; (b) This Hon’ble Court be pleased to issue a Writ of Mandamus or any other appropriate writ, order of direction in the nature of Writ of Mandamus under Article 226 of the Constitution of India thereby calling for the records and proceedings in relation to the letter dated 28th August 2024 (Exhibit-H) issued by the Respondent no.3 and after going through the same be pleased to quash and set aside the same declaring the same to be illegal and bad in law;

(c) Pending the hearing and final disposal of the present petition this

Hon’ble Court be pleased to stay the implementation and operation of letter dated 28th August 2024 (Exhibit-H) issued by the Respondent no.3 and further be pleased to direct the Respondents to take immediate steps for preparation and finalization of the Annexure II in respect of the SRA scheme submitted by the Petitioner Society through its developer in respect of the land bearing CTS Nos.846 and 834 (part) of village Laljipada, Kandivali, Taluka Borivali, Mumbai Suburban District and finalize the Annexure-II in some time bound manner.”

11. Before we delve into rival contentions, we think it appropriate to not only remind but re-remind the SRA and the officers of SRA namely right from the CEO and all the officers below him, are required to discharge their duties strictly in accordance with law that is as per the provisions of the Slum Act, Rules and Regulations, Circulars and the Development Control Regulations (`DCRs’) relevant to the implementation of slum rehabilitation schemes. This would imply that none of the officers of the SRA can resort to any action on extra judicial and/or extra legal interference, from those who are wholly unconnected with the slum schemes, and more particularly on any political and extraneous interference. The reason being that the Slums Act along with Rules, Regulations as also the DCRs forms a code by itself. Any person who is connected with the slum schemes namely the slum dwellers, the society of slum dwellers, the developers etc., have remedies available in law to ventilate any of their grievances, by first approaching the SRA in their independent capacity espousing the legal right as conferred on them.

12. It is not the case of any of the slum dwellers who are aggrieved, that they were in any manner incapacitated or in any manner prevented from approaching the authority with their grievances, and if such grievances were made, pursue the same in a manner known to law, or that it was so imperative for them in this case to approach, the local MLA. We deprecate such actions on the part of the slum dwellers, who without taking recourse to the appropriate legal remedy and methods have taken a different route, without approaching the authorities and the Court by seeking such extra legal and/or extra judicial interference, at the hands of those persons who are unconnected with the schemes. There are several orders passed by the Courts from time to time whereby such actions of the authorities acting on political pressure or such extraneous interference have been deprecated. In such context, we may refer to the decision of this Court in Shree Gurukrupa Sra Co-op. Hsg.Society Vs. Minister of State, Home (Rural) Housing School Education Co-op. Mining Department and others[1], wherein the Court was considering similar actions on the part of SRA on account of political pressure. It is in such context, although after the stand on behalf of the State Government was made clear, the Court recording the contentions as urged on behalf of the 1Writ Petition (L) No.18500 of 2025 decided on 22-8-2025 Petitioner of the extra judicial and entirely unjustified interference, observed that it is well settled that the Slums Act is a welfare legislation enacted to improve the living conditions of persons compelled to reside in slums, in poverty, filth and squalor. It was observed that the primary objet of the Slums Act was to ensure that slum dwellers are protected from eviction, without rehabilitation and are provided with decent, secure and hygienic housing/living conditions. The Court further observed that it would reflect a most sorry state of affairs, when any statutory authority abdicates its statutory duties on account of any extraneous or extrajudicial intervention and conducts itself in a manner which is contrary to the very Statute under which such Statutory Authority is required to discharge its duties.

13. In similar context we may also refer to the orders passed by this Court in the case of Bhimrao Shankar Kudale Vs. Maharashtra Housing and Area Development Authority and another[2], in which the Court made the following observations in regard to extra-legal interference, which ought not to be tolerated, although in the context of MHADA, however, the observations in paragraph 8 of the said decision certainly would apply to the SRA. The relevant observations in the said judgment read thus:

14. We may also refer to the decision of this Court in Awdesh Vasistha Tiwari and others Vs. Chief Executive Officer, Slum Rehabilitation Authority and others[3], wherein considering the attempts to derail the slum schemes by rival groups/ rival societies being formed to oppose the slum schemes, the following observations were made by the Court:-

15. It is on such backdrop we consider the rival contentions. We find substance in the contentions of Mr.Amogh Singh, learned counsel for the Petitioner, that this is a clear case where the CEO of SRA, as also the Competent Authority namely the Deputy Collector (Special Cell) have abdicated their duties on account of political interference. Such contention in fact finds complete support in a very candid affidavit filed by Mr.Balasaheb Tidke, Deputy Collector (Special Cell)(E.S.), SRA, in which he has brought on record such interference of the local MLA when he makes the following statements in paragraphs 16 and 17:

16. It is in this reply affidavit, the said letters of the MLA are placed on record. On perusal of such letters and the contents thereof, which we have noted hereinabove, we are quite surprised, more so when the officers of the SRA having completely succumbed to the said extra legal interference having completely suspended their legal obligations / duties, on such extraneous interference, that too for a period of more than one year resulting in the Petitioner’s slum scheme, which is a small scheme having about 285 slum dwellers, being brought to a grinding halt by non processing of Annexure-II. The fact remains that such interference was aimed to benefit the rival group namely one Nav Sadabahar Gruh Nirman Sanstha (Proposed).

17. It appears to be very clear that such opposing slum dwellers instead of submitting a representation in accordance with law or approaching appropriate authority, desired to ventilate their grievances in such manner so as to pressurize the SRA officers as rightly contended on behalf of the petitioners. In our opinion, this was certainly disturbing the slum scheme as the law would recognize. Further, considering the settled principles of law as laid down by this Court in Awdesh Vasistha Tiwari and others (supra), such letters at the behest of a second society could not have been addressed by the local MLA to the CEO-SRA, causing such interference in the implementation of the slum scheme. In discharge of any public obligation considering the legal position, such interference could have been to only advise the slum dwellers, to take the recourse to the remedy available in law, and not make any representation on behalf of such rival societies or slum dwellers so as to step in their shoes. The law does not permit this.

18. It is very unfortunate that the CEO, SRA and/or the officers of the SRA could act upon such representations which has adversely affected the smooth implementation of the petitioners’ slum scheme. If we accept such interferences and/or approve the same, it would amount to undermining and/or discarding the legislation and the statutory rules and regulations, under which the SRA is required to function. We do not appreciate such conduct and on the part of SRA Officers to succumb to such attempts of such extra legal interferences, and more particularly when ample remedies are provided by law, to whosoever is aggrieved, as noted hereinabove.

19. We cannot but imagine, that certainly there is bound to be lot of pressure on these officers in discharging their official duties, when interferences of this nature are exerted and the officers are constrained to be rendered helpless in such situations. This is what has happened in the present case, as in a given situation, it is not something unknown that the officers are likely to be victims for no fault of theirs, if they do not succumb to such interferences, and in which manner it would be difficult to apprehend. This in fact amounts to a position that the SRA is being controlled by those who are completely alien to the statutory authority conferred on the officers of the SRA. It would also mean, not only complete abdication of their lawful duties but in this regard derailment of the rule of law in implementation of the slum scheme. None of the officers of the SRA ought to yield to such interference. In such context the orders passed by this Court in Bhimrao Shankar Kudale (supra) need to be applied.

20. We caution the officers of SRA that this needs to be the last case where such interference is tolerated and that for such reasons in the future no slum schemes are halted and that such issues do not reach the Courts.

21. Ms. Sabharwal, learned Counsel for the SRA fairly realizing the mistakes and that the delay in finalizing the Annexure II qua the petitioners’ scheme being solely attributed to the SRA officers, ensures the Court of expeditious steps for finalizing Annexure-II.

22. Another aspect of the case is of police help in the works being undertaken by the SRA officers on the field. We observe that the SRA is routinely required to ask for police protection while undertaking work of preparing Annexure-II and any other works pertaining to the SRA schemes. This aspect is also disturbing for variety of reasons. Firstly the SRA is implementing slum schemes, which is supposed to further the benefit of slum dwellers i.e. grant of permanent alternate accommodation. When such welfare schemes are undertaken, requirement of police protection, in our opinion, itself is unconscionable as overall benefit of the slum dwellers is the object and intention of a slum scheme. Thus, such persons who intend to have a bonanza of a free permanent alternate accommodation and/or subsidized accommodation having encroached over the public lands, which would be made available to them on the redevelopment of the slum, cannot create a law and order situation. This is wholly not conducive and/or is against the very ethos and conscience of a civil society apart from being destructive of the object and intention of the statutory benefits, being made available by the State Government, and that too at such huge public cost, by sacrificing valuable public lands about which nobody thinks. We are thus of the clear opinion that those who are creating law and order situations in implementing any scheme, they ought not to be recognized to be entitled for the benefit of a slum scheme by nonetheless showering upon him a permanent alternate accommodation as the law would not recognize any elements who are opposed to law and who create law and order situation in dealing with public officials, that too in accepting a public largesee of free allotment of permanent tenement, who creates such hurdles to be benefitted as in our opinion, any State largesse is available only to law abiding citizens. The law does not recognize any participation of such persons who take law into their hands, in receiving free tenements. Irrespective of whether they are eligible or not, once they are opposed to law by creating such law and order situations or an extraneous considerations and who are attempting to highjack the scheme in such manner, need to be dealt differently. They ought not be the beneficiaries of any rehabilitation. This is an issue which needs to be seriously considered and implemented by the SRA. The slum rehabilitation schemes cannot be implemented in such hostile atmosphere when it is required to be implemented in the spirit in which it is made available to them by the State Government. We are constrained to make such drastic observations as requests are being repeatedly made, in the writ petitions, that police protection be made available, as if there is no rule of law in implementation of the slum schemes, and as if such slum dwellers are in perpetuity opposed to maintain law and order and create disturbances. Unless a drastic view is taken, things would not improve. Even in the present case, a request is being repeatedly made on behalf of SRA of police protection to be granted, obviously recognizing the concerns that when the officers undertake any survey or any other duties are being discharged, they cannot be vulnerable to any threats or bodily harm and /or face a law and order situation. It would, hence, always be open to the SRA to identify such miscreants, whether they are slum dwellers or developers and take appropriate measure by lodging police complaints and till such complaints are decided such persons ought not to be recognized in any manner whatsoever in the slum schemes. In a given case even the slum scheme can be recalled and land utilized for larger public purpose. When we say this, we draw a clear distinction that although the structures of such persons are held eligible but if the persons who are occupying such structures, in the process of receiving such bonanza of a free housing, if are opposed to law, such persons ought not be entitled despite indulging in any proved criminal acts on their part and the redeveloped tenements in that situation need to inure to larger public benefit, by allotment to the project affected persons, as available under the slum rehabilitation schemes. Unless the SRA takes drastic measures, things would not improve as scores of cases are coming before the Court where police protection is sought putting pressure on the already overloaded police machinery who are required to be devoted to the slum schemes leaving other important police functions. The CEO, SRA accordingly shall take appropriate steps based on the aforesaid observations made by us.

23. While parting we also appreciate the fair stand taken by the learned counsel for SRA as an officer of the Court.

24. In the light of the above discussion, the petition would be required to be allowed. It is allowed in following terms: ORDER

(i) The Competent Authority of the SRA is directed to finalize Annexure-

II in respect of slum scheme in respect of land CTS No.846 at Village Kandivali, Taluka Borivali, Mumbai Suburban District as expeditiously s possible and in any event within two months from today;

(ii) It is clarified that as far as slum scheme of the Intervenor is concerned, we have not dealt with that issue and all contentions in respect thereof are expressly kept open;

(iii) It is further directed that as the slum scheme of the Petitioner is delayed wholly attributable to the SRA Officials, there ought not to be any further delay. In case of any objection raised by any slum dweller in respect of genuine grievance, appropriate decision needs to be taken by following the process of law;

(iv) We permit plot-wise survey of the hutments for the purpose of

(iv) Rule is made absolute in above terms. No costs.