Dharavi redevelopment: Bombay HC rejects PIL challenging govt move to use 256 acres of salt pan land for rehabilitation

The salt pan land parcels, owned by the Centre, are located between Mulund, Kanjurmarg and Bhandup. They were to be handed over to Adani Realty, which is spearheading the Dharavi Redevelopment Project (DRP) aimed at creating a rental housing scheme for ineligible slum dwellers in the area.

In February 2024, the state Cabinet had authorised a proposal to request the Union government to transfer salt pan land for the Dharavi project on a 99-year lease.

Deore, the petitioner, had challenged the validity of state Government Resolutions (GRs) of September 30 and August 7, 2024, for use of the land for rehabilitation of ineligible PAPs and for the affordable housing scheme under the Pradhan Mantri Awas Yojana (PAY).

The PIL also challenged the office memorandum (OM) of August, 2024 issued by the Union Ministry of Commerce and Industry which laid down guidelines for transfer of salt pan lands, based on which the state government took the impugned decision.

The petitioner claimed that the state’s decision was in contravention of past judgments of the Supreme Court and the high court as the said land is mapped under wetland inventory where constructions are prohibited. He argued that the land is situated in a Coastal Regulation Zone (CRZ) area, therefore no rehabilitation can be allowed on it.

Additional Solicitor General (ASG) Anil Singh, representing the central government, opposed the PIL, stating that it was filed in a “casual and cavalier manner.” He added that the PAPs were required to be rehabilitated and no law prohibited use of salt pan lands for such a purpose.

The court observed that petitioner had not carried out any research and failed to disclose the basis of the information raised in the PIL. It referred to a past Supreme Court judgment which held that good cause can be lost due to petitions filed without proper research.

The court further stated that while the salt pan lands were included under wetlands as per a 2012 notification of the central government, in 2024, the Centre changed the policy and permitted transfer of salt pan lands at concessional rate for certain purposes including slum redevelopment, affordable housing, Economically Weaker Section (EWS) Housing, housing for PAP, PM-Awas Yojana among others. Therefore, “it is evident that salt pan lands are excluded from definition of wetlands provided in the Wetland (Conservation and Management) Rules, 2017,” it noted.

The court observed that the PIL had not challenged the validity of the change in policy and the petitioner “failed to demonstrate that salt pan lands cannot be utilised for rehabilitation of PAPs,” therefore there was no merit in the PIL and the same deserved to be dismissed.

“Needless to state that the State Government shall give due consideration to environment related issues while implementation of the project,” the high court added.