HC stays implementation of SRA project on Santacruz (East) land acquired for Mumbai University

The plea sought direction to authorities to delineate and separate plots belonging to MU and hand over their possession to the University.

“In our opinion, this is one of the most unfortunate cases wherein the land which was acquired by the state government for the University of Mumbai i.e. for educational purposes to set up a University Campus, considering its future needs for all times to come, is now facing proceedings for redevelopment at the hands of the SRA and the developers appointed by the Society of Slum dwellers, who have encroached upon the such acquired land,” the bench noted.

The court added that the land was ” certainly not acquired for rehabilitation of slum dwellers or encroachers.”
It went on to note, “At least save the University land from encroachers and bonanza of a slum scheme of free housing to encroachers and large benefit to private developers, is the cry of the petitioners.”

Advocate Yuvraj Narvankar, representing Mumbai University, submitted that the acquisition proceedings for the land in question were initiated by the state government in 1962 and it was subsequently acquired in parcels and was to be transferred to the MU. Narvankar added that in respect of certain lands, though acquisition proceedings were made final, the mutation entries remained to be made. Therefore, the names of original owners of the land continued to appear in revenue records.

Narvankar argued that owners took advantage of such a situation and entered into transactions and there were encroachments on the land acquired by the University.

Further, he said, the slum dwellers formed a society and made a proposal to SRA for the redevelopment scheme on the subject land which may be exploited by the developer for “commercial purpose”.

The lawyer said the land was vested with the MU for educational purposes in a city like Mumbai, and it is “unthinkable” to find any other land in today’s times.

The respondent SRA, developer and slum dwellers’ society claimed that certain lands were excluded from the acquisition by MU.

“Prima facie, we are of the opinion that once land was subjected for acquisition for the public purpose to be vested with the Mumbai University, merely because effective steps were not taken by the state government for handing over some part of the said land and / or for removal of encroachments, would not bring about a situation that such lands be utilized for the encroachers and for a Slum Rehabilitation Scheme. This is the primary issue,” the HC recorded.

The court added that whether the SRA would at all be a competent authority to approve any slum scheme on land acquired for MU was a “vital issue” to be assessed. Therefore, all the parties have been told to file their counter affidavits within three weeks to give “clear picture” on the issue and appropriate orders can be passed.

“Pending hearing and final disposal of the present petition, the respondents or any other entity or person claiming through or under them be restrained from acting in any manner in pursuance of the impugned Letter of Intent dated June 17, 2022 and/or towards execution, effect or implementation of SR Scheme qua specified plots and land parcels,” said the bench and posted further hearing to August 11.