OM SHRI SAI SRA CO-OPERATIVE HOUSING SOCIETY v. STATE OF MAHARASHTRA AND 2 ORS.
High Court Directs SRA to Resolve Slum Dwellers' Grievances Through Special Cells, Emphasizing Right to Shelter and Mediation in Slum Rehabilitation Schemes.
Court: Bombay High Court
Citation: 2025:BHC-AS:57959-DB
Decision Date: 23-12-2025
List of Laws
Article 226 of the Constitution of India; The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971; Development Control and Promotion Regulations (DCPR) 2034; The Mediation Act, 2023; Article 21 of the Constitution of India
- Facts: A batch of writ petitions were filed under Article 226 of the Constitution, primarily concerning grievances related to non-payment of transit rent by developers in Slum Rehabilitation Schemes (SRA), and failure to handover possession of permanent alternate accommodation (PAA) in completed schemes.
- Procedural Posture: The High Court of Bombay was hearing these writ petitions, addressing common issues of fact and law arising from the grievances of slum dwellers against developers and the SRA. The court had previously issued directions on December 17, 2025, seeking resolution of these issues at the SRA level.
- Issue: How can the grievances of slum dwellers regarding non-payment of transit rent, delayed possession of permanent alternate accommodation, and related issues in Slum Rehabilitation Schemes be effectively and expeditiously addressed to avoid unnecessary litigation?
- Holding: The Court disposed of the petitions by directing the petitioners to approach the Special Cells constituted by the SRA, emphasizing that these cells should address grievances expeditiously and in accordance with the law, acting in a cordial and constructive manner. The Court also directed the Chief Executive Officer (CEO) of SRA to consider training the members of the special cells in mediation practices.
- Reasoning: The Court reasoned that the issues raised by the slum dwellers touch upon their fundamental rights, particularly the right to shelter under Article 21 of the Constitution. The Court appreciated the proactive steps taken by the SRA in issuing circulars and constituting Special Cells to address these grievances. The Court emphasized that the SRA should strive to resolve disputes at the departmental level and avoid litigation, cautioning developers against defaults in payment of transit rent and directing the SRA to deal sternly with such developers, including attaching the free-sale component of the project. The Court also highlighted the importance of cooperation from all stakeholders and the need for the Special Cells to act judiciously and fairly.
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