**Bombay High Court Questions Slum Rehabilitation Authority’s Redevelopment Plan for Prime Colaba-Cuffe Parade Land**
*Mumbai:* The Bombay High Court has strongly reprimanded the Slum Rehabilitation Authority (SRA) for permitting the redevelopment of 33 acres of prime government land in the Colaba – Cuffe Parade area. The court warned that such “largesse” extended to slum dwellers and private developers should not come at the cost of public interest.
Highlighting the scarcity of gardens and open spaces in Mumbai, the court emphasized that prime government lands cannot be “permanently extinguished” from public use.
### Petitions Filed by Residents and Developer
A bench comprising Justices Girish Kulkarni and Aarti Sathe heard petitions filed by Gulab Shankar Mishra, Chief Promoter of Cuffe Parade SRA CHS Federation (P), and Precaution Properties Pvt. Ltd., the developer appointed by residents. The case involves nearly 65,000 slum dwellers who have encroached upon the land and are seeking rehabilitation under the SRA scheme.
The petitioners challenged the refusal of a no-objection certificate (NOC) by the Ministry of Defence to proceed with the SRA project, citing the land’s proximity to defence establishments.
### Court Warns Against Misuse of Prime Land
“We are quite alarmed that such vast land owned by the State Government can just be made available for slum redevelopment, i.e., not only rehabilitation of the slum dwellers in skyscrapers but also large-scale private apartments to be constructed in one of the most prime localities in South Mumbai where land is scarce,” the bench observed during the proceedings on October 1.
### Public Interest vs. Slum Rights
The court stressed that in an island city like Mumbai, government land is invaluable and should be reserved solely for essential public purposes. It added, “Slum dwellers’ rights cannot outweigh public interest, for such vast land to be utilised only for public/Government purpose.”
### Concern Over Private Development Component
The judges expressed concern over the private development component of the project, stating: “Such prime land cannot be permanently taken away from the public pool of lands and thrown open for private development. That would be the moot question arising for consideration. Prima facie, any other view would amount to a fraud on the Constitution.”
### Reference to Past Rulings
Citing previous rulings in similar cases, the bench recalled that encroachers on prime government or private land in localities such as Colaba, Cuffe Parade, Malabar Hill, or Pedder Road cannot claim a legal right to rehabilitation at the same site. These rulings had earlier been upheld by the Supreme Court.
### Court Questions SRA’s Approvals
Calling the project a “usual modus operandi to siphon off valuable public lands,” the court noted that the resale component of such redevelopment in Colaba-Cuffe Parade would fetch astronomical prices. “The value of the land and any development thereon just needs to be imagined,” the bench remarked.
It further questioned whether the SRA had obtained the necessary approval from the state cabinet before permitting the development. “Under the garb of any schemes under the Slum Act, such large and valuable public largesse cannot be taken away and deprived of public utility and public interest,” the judges added.
### State and Defence Ministry Directed to Respond
The court directed the State government to file an affidavit within 10 days, clarifying whether there was a cabinet decision to allow redevelopment of such vast government land. The Advocate General has been asked to assist in the matter.
Additionally, the Ministry of Defence, along with the Principal Secretaries of Revenue and Urban Development and the CEO of SRA, have been directed to file their reply affidavits by the next hearing scheduled for October 15.
### Background on Slum Dwellers and Litigation
The petitions stated that the 65,000 slum dwellers have been languishing on the site for over two decades as no builder was able to implement a redevelopment scheme. When the proposal by Precaution Properties Pvt. Ltd. was finally accepted, it was stalled by litigation lasting more than a decade.
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https://www.freepressjournal.in/mumbai/bombay-hc-pulls-up-sra-for-allowing-redevelopment-of-33-acres-in-colaba-cuffe-parade
