New Mechanisms to Address Grievances of Non-payment of Transit Rent and Illegal Occupation of Tenements
In a landmark decision, the Bombay High Court has directed the Slum Rehabilitation Authority (SRA) to establish Special Cells to address the grievances of slum dwellers, particularly concerning non-payment of transit rent and illegal occupation of rehabilitation tenements. The judgment, delivered by Justices G. S. Kulkarni and Aarti Sathe, aims to streamline the resolution of disputes and prevent unnecessary litigation, ensuring the rights of slum dwellers are safeguarded.
The judgment arises from a series of writ petitions filed under Article 226 of the Constitution, where petitioners highlighted the persistent issues of non-payment of transit rent and failure to hand over permanent alternate accommodations in slum rehabilitation schemes. The court emphasized that these grievances are fundamental to the success of slum schemes and should be addressed at the departmental level rather than reaching the courts.
The court's decision mandates the Chief Executive Officer of SRA to set up Special Cells comprising designated officers to effectively handle these issues. The cells are tasked with ensuring the expeditious resolution of complaints in a time-bound manner, focusing on amicable settlements to avoid litigation. The court also underscored the developers' obligations under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, particularly following the recent amendments incorporating Section 33B, which provides a legal framework for addressing these grievances.
In addition to the Special Cells, the court directed the SRA to issue a circular to prevent defaults in transit rent payments by freezing a part of the free-sale component until the completion of rehabilitation buildings and resolution of all payment issues. This move aims to protect slum dwellers from being deprived of their legitimate entitlements due to developers' defaults.
The judgment also calls for the establishment of committees to address inter se disputes related to the eligibility of slum dwellers and other issues not covered by the Special Cells. These committees will include representatives from MHADA, the Municipal Corporation, and the SRA to ensure a comprehensive approach to dispute resolution.
The court's proactive approach is expected to have a substantial impact on the slum rehabilitation process, reducing the burden of litigation and promoting harmonious resolution of disputes among stakeholders. The decision reflects the court's commitment to upholding the rights of slum dwellers, particularly their right to shelter under Article 21 of the Constitution.
Bottom Line:
Constitution of Special Cells by Slum Rehabilitation Authority (SRA) to address grievances related to non-payment of transit rent, failure to hand over permanent alternate accommodation, and illegal occupation of rehabilitation tenements.
Statutory provision(s): Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Article 21 of the Constitution of India
