Slum Rehabilitation Dispute in Mumbai: Supreme Court’s Landmark Judgment

The case revolves around a legal dispute concerning slum rehabilitation in Mumbai, specifically between three housing societies—Adarsh Estate Sahakari Griha Nirman Sanstha Maryadit (Adarsh), Saidham Society, and Maruti Nagar Co-operative Housing Society (Maruti). The petitioners, Adarsh and Saidham, challenged a Bombay High Court order that upheld the cancellation of their rehabilitation proposals in favor of Maruti. The Supreme Court’s final ruling resolved a long-standing dispute, ensuring independent development rights for all three societies.

Background of the Case

Adarsh and Saidham societies, both comprising slum dwellers, sought approval for a slum rehabilitation scheme for plots under their occupation. However, Maruti, another slum-dweller society, had also applied for rehabilitation rights over the same land. The Municipal Corporation of Greater Mumbai (MCGM) owned the land in question.

Maruti submitted a proposal for slum rehabilitation on September 6, 2005. Subsequently, the Slum Rehabilitation Authority (SRA) initiated verification of the slum dwellers’ eligibility list (Annexure-II). However, complaints arose regarding fraudulent documentation submitted by Maruti. Consequently, on December 20, 2006, the SRA canceled Annexure-II due to Maruti’s submission of fraudulent documents.

High Court Proceedings

After the SRA’s decision, Adarsh and Saidham submitted their independent slum rehabilitation proposals, which the SRA initially accepted. However, Maruti approached the High Power Committee, which overturned the SRA’s rejection of Maruti’s proposal. Subsequently, the Bombay High Court ruled against Adarsh and Saidham, prompting them to approach the Supreme Court.

Supreme Court Arguments

Petitioner’s Arguments:

• Adarsh and Saidham contended that the fraudulent activities of Maruti were already established by the SRA’s investigation.
• They argued that they had followed due procedure in applying for rehabilitation rights and had gathered the necessary consents from slum dwellers.
• They asserted that Maruti had manipulated records to gain an unfair advantage.

Respondent’s Arguments:

• Maruti claimed that its initial disqualification was improper and that it had the necessary eligibility for rehabilitation.
• The Municipal Corporation did not object to Maruti’s revised proposal and favored a single rehabilitation scheme.

Supreme Court’s Observations

The Supreme Court noted the following key issues:

• Multiple societies could independently develop their plots without affecting each other’s rights.
• The prolonged litigation had stalled the rehabilitation project since 2005, depriving slum dwellers of improved housing.
• There was clear evidence that some documents used to withdraw consent to the settlement were fabricated.

Supreme Court’s Judgment

The court concluded:

“Taking into consideration all these aspects of the matter, it is clear that letter dated 11th October, 2018 thereby seeking to withdraw the consent which was already given to the terms of settlement is a fabricated document.”

The court emphasized that prolonged disputes should not hinder the development of slum rehabilitation projects.

The judgment approved a settlement proposal where each of the three societies—Adarsh, Saidham, and Maruti—would develop their plots independently. The court also rejected Maruti’s attempt to withdraw from the earlier settlement.

Final Verdict

The Supreme Court allowed the independent development of the plots by all three societies and disposed of the petitions in terms of the settlement dated April 16, 2018. The long-standing dispute was finally resolved, ensuring rehabilitation benefits for all affected slum dwellers.

Petitioner Name: Adarsh Estate Sahakari Griha Nirman Sanstha Maryadit.
Respondent Name: State of Maharashtra and Others.
Judgment By: Justice S.A. Bobde, Justice R. Subhash Reddy, Justice B.R. Gavai.
Place Of Incident: Mumbai.
Judgment Date: 08-08-2019.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: Adarsh Estate Sahaka vs State of Maharashtra Supreme Court of India Judgment Dated 08-08-2019.pdf