Prime Govt. Land is not for Slum Rehabilation : Legalizing encroachments violate principles of equality and public trust.
Court questions the legality of using state land for private development, citing public interest and constitutional principles.
In a landmark decision, the Bombay High Court has halted the proposed slum redevelopment scheme on 33 acres of prime government land in Cuffe Parade, South Mumbai. The judgment raises significant concerns over the encroachment of government land by slum dwellers and emphasizes the need to preserve such land for public and governmental purposes rather than private development.
The court was alarmed by the potential loss of invaluable government land, which could otherwise be utilized for public utilities such as gardens and open spaces. The land, currently encroached by 65,000 slum dwellers, was proposed to be redeveloped by Precaution Properties Pvt. Ltd., a developer appointed by the slum society.
The judgment, delivered by Justices G. S. Kulkarni and Aarti Sathe, underscores the importance of adhering to constitutional principles, particularly Article 300A, which protects the rights of landowners. The court highlighted that rehabilitation policies should not elevate the rights of slum dwellers to ownership over the land, thereby surpassing constitutional mandates.
The bench invoked the Public Trust Doctrine, emphasizing that government land should prioritize public utility over private gains. It criticized policies that legalize encroachments, arguing that they violate principles of equality and public trust. The court noted that slum dwellers do not possess a fundamental right to rehabilitation at the site of encroachment, reiterating that such rights must adhere to constitutional morality and governance.
Furthermore, the judgment addressed concerns from the Ministry of Defence regarding the proximity of the land to defense establishments, directing the government to file an affidavit on cabinet decisions related to the utilization of such prime land for slum schemes.
The court has sought the appearance of the Advocate General and directed the State Government to clarify whether a cabinet decision supports the allocation of this land for slum development. It has also instructed the Ministry of Defence and relevant state departments to submit reply affidavits within 10 days.
This decision marks a significant stance on the preservation of public land, urging the government to reconsider its policies on slum rehabilitation and ensure that public interest remains paramount.
Bottom Line:
Encroachment on prime government land for slum rehabilitation schemes must not outweigh public interest, and such land should be preserved for public and governmental purposes.
Statutory provision(s): Article 300A, Slum Act, Public Trust Doctrine
