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The Supreme Court today refused to interfere in the redevelopment project for slum-dwellers in Mumbai and observed that a petition over it was coming in the way of public interest of ‘hygienic accommodation'.
A vacation bench comprising Mr Justice G.S. Singhvi and Mr Justice Chandramauli Prasad dismissed the petition of the builder Lokhandwala Infrastructure challenging its ouster from a redevelopment project for the slum dwellers in Worli.
The court said that fight between the builders should not delay the project. “This is in public interest. There is no concept of hygienic accommodation in our society. Fight between the builders would block it further,” said the bench.
The apex court upheld the orders passed by the Bombay High Court, which had in May this year dismissed Lokhandwala Infrastructure's petition after observing that the interest of the builder in a redevelopment project was not above that of the slum-dwellers.
“We have gone through the records and are of view that the reason recorded by the Bombay High Court for declining relief does not suffer from any error,” said the bench, while dismissing the petition.
The bench observed there was already six years' delay in the project and said “we are unable to understand” it.
It further said, “flats of the builders in Mumbai, no wonder, takes one year” and the residential project of slum-dwellers was getting delayed.
Lokhandwala Infrastructure had challenged the order of the high court, which had turned down its plea to grant injunction over the appointment of rival Om Omega Shelters chosen by the slum-dwellers over it.
According to the petitioner, two associations of slum-dwellers of that area – Om Dattaji Rahiwasi Sangh and Dhobhighat Compound Rahiwasi Seva Sangh – comprising over 750 families had entered into a redevelopment agreement with them in August 2003.
As per the requirements of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, over 70 per cent of the members had given their consent.
However, on July 6, 2009, they terminated the agreement with it and appointed Om Omega Shelters.
According to Lokhandwala Infrastructure, it had got all necessary approvals between 2003 to 2009 for implementation of the scheme and that the slum-dwellers illegally terminated the agreement.
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