The Supreme Court has dismissed a special leave petition from the residents of Bharat Ekta Society, effectively paving the way for the redevelopment of Bharat Nagar in Mumbai’s Bandra Kurla Complex, which spans 44 acres.
The petition contested the redevelopment on the grounds that Bharat Nagar, being a “censused slum,” should not be demolished for redevelopment purposes. However, Justices Sudhanshu Dhulia and Krishnan Vinod Chandran ruled against the petitioners, citing that the area’s designation as a censused slum under regulation 33(10) of the development control rules (DCR) indeed allows for such an initiative.
A censused slum is defined as a slum on land owned by the government or a government agency that has been surveyed and recorded. In contrast, a notified slum involves encroachments on private land that have been formally recognized under the Slum Act.
“The judgement is not just for Bharat Ekta Society but affects the entirety of Bharat Nagar and sets a precedent that could apply to similar cases across Mumbai,” stated Rajiv Agrawal, co-founder of Saarathi Realtors, which is involved in the redevelopment project.
The court noted that of the 2,965 tenements in Bharat Nagar, 2,625 were eligible for rehabilitation, and 70% of these had consented to the redevelopment. The ruling criticized the remaining residents for using “dilatory tactics” to impede the redevelopment process.
Plans for demolition and clearance of the site are set to proceed after the Maharashtra state assembly’s budget session concludes on March 26. This action will be governed by Sections 33 and 38 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act.
Ajit Pawar, another co-founder of Saarathi Realtors, highlighted the significance of the judgment, expressing relief that minority factions within the community can no longer halt redevelopment projects unjustly.
The ruling also impacts a pending petition from the residents of KGN Society within Bharat Nagar. “There are three differing Supreme Court judgments on this subject, which is confusing,” said Mohammed Rafique Sayyed, chairman of KGN Society.
An earlier Supreme Court directive had instructed the Maharashtra Housing and Area Development Authority (MHADA) to assess the eligibility of the petitioners and extend benefits accordingly. Another judgment had referred the redevelopment issue to the Bombay High Court to determine the applicable sections of the DCR for redevelopment.
