The Bombay High Court amended its 2015 ruling to protect the rights of nearly 1,300 slum residents residing in a sprawling slum settlement spanning over six acres of land, which is situated on the property owned by the Thane Mental Hospital.
The Bombay High Court‘s relief for the slum residents is contingent on the state government disbursing a premium of Rs 42 crore to the Mental Hospital, as mandated by the Slum Rehabilitation Authority (SRA) redevelopment schemes, as directed by Justices S.B. Shukre and F.P. Pooniwalla.
The Bombay High Court has ruled that the proposed slum rehabilitation schemes for eligible slum dwellers are allowed to proceed on the hospital land. Following the presentation by the State Advocate General, Birendra Saraf, who clarified that the plots designated for the Slum Rehabilitation Authority (SRA) schemes are distinct from the designated area for the approved Mental Hospital redevelopment plan, the Bombay High Court concluded that the hospital’s renovation will remain unaffected.
Mihir Desai, a senior counsel appointed as an amicus curiae (friend of the court) earlier by the court, had voiced concerns about the slum scheme potentially having a negative impact on the hospital project. However, the Bombay High Court dismissed his doubts, stating that, in fact, the hospital stands to benefit from approximately Rs 42 crore, which can be utilized to enhance its facilities and improve the quality of patient services.
In a public interest litigation (PIL) filed back in August 2015, the Bombay High Court had issued directives to the State government and the Thane Collector. They were instructed to initiate actions for the removal of encroachments on a 10-acre parcel of land in Thane and were explicitly prohibited from allocating the Mental Hospital land to any third party under any circumstances. The PIL, originally filed in 2010 by Vrushali Kalal, who raised concerns about the encroachment on hospital property, aimed to improve the implementation of the Mental Health Act.
Analysis by Bombay High Court
During the years 2019 and 2020, slum communities approached the Bombay High Court, contending that residents who had been living on the land since before 1995 were safeguarded by legal protections against eviction. They argued that these residents were eligible for Slum Rehabilitation Authority (SRA) schemes, which would grant them access to free permanent tenements.
Two slum societies, Dharmveer Nagar and Saptashrungi Housing Society, represented by former Additional Solicitor General Anil Singh, asserted that redevelopment plans had already been put forth. Evicting the slum dwellers from these areas at this point would deprive them of the benefits offered by the Slum Rehabilitation Authority (SRA) schemes.
The State government and the Mental Hospital expressed no opposition to the Slum Rehabilitation Authority (SRA) schemes on the plot, as the health department would be entitled to receive 25 percent as a land premium, which in this instance amounts to Rs 42 crore, as stated by Singh. He further suggested that this sum could be utilized for the modernization of the hospital facilities. The Bombay High Court concurred with this perspective.
In an affidavit, the hospital explained that in March, the Bombay High Court had amended its previous ruling, allowing for the allocation of 15 acres to the Thane Municipal Corporation (TMC) for the construction of a new railway station as a component of the Thane Smart City Project. The Bombay High Court clarified that its 2015 order, which prohibited the allocation of any portion of the hospital’s land, was primarily intended to prevent unlawful assignments and could therefore be adjusted in the interest of a public project.
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