Find solution to rehabilitate slum dwellers from SGNP area: Bombay HC to minister-led panel

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar passed an order while hearing a PIL filed by Samyak Janhit Seva Sanstha, an association of residents from slums at SGNP, representing nearly 16,929 slum dwellers who had paid fees suggested by the HC in its order, along with 4,691 slum dwellers who could not pay the fees.

The plea filed had sought directives to various central and state authorities to provide alternative accommodation as directed in earlier HC orders which fixed the deadline for rehabilitation.

According to the plea, the authorities concerned “miserably failed and neglected” to comply with judicial orders and their actions were “illegal, arbitrary and unconstitutional”, and the rights of “poor citizens” are required to be protected.

Advocate General Birendra Saraf, for the state government, informed the court that in case of those persons who were covered by earlier HC decision and have made requisite deposits are entitled to rehabilitated, various steps were taken to construct and rehabilitate the tenements in the past, but they could not fructify for various reasons, except for successful rehabilitation of nearly 11, 359 residents.

He said that earlier a contract was awarded to build rehabilitation tenements for alternative accommodation of entitled persons, but the same was halted due to height restrictions imposed by airport authorities.

He said that while Maharashtra Housing and Area Development Authority (MHADA) was given the task to build tenements, there were no takers for the said bid.

Saraf added that to expedite the process of rehabilitation, the government in July, 2023, formed a high-powered committee headed by the forest minister to evolve measures for rehabilitation of entitled residents.

“As informed, the committee was constituted a year ago. However, it appears that no concrete steps of rehabilitation have yet been taken. We may emphasise at this juncture, rehabilitating will serve two purposes. Those who are entitled will be rehabilitated and second is that the area will be cleared of unauthorised encroachments. Encroachments as we understand are causing a lot of difficulties to forest authorities to maintain its very character. Hence it is most expedient for state to come forth with a scheme to rehabilitate those entitled,” the bench noted.

The court asked AG Saraf to coordinate with the committee to work out the solution at the earliest and posted further hearing to September 23.

“In the meantime, we expect that the committee shall formulate the measures finally and shall also take necessary decisions and steps required for rehabilitating persons entitled,” the bench noted.