Court Dismisses Appeal Against Redevelopment
The Supreme Court has cleared the way for the redevelopment of the Bharat Nagar slum in Bandra, dismissing an appeal filed by residents opposing the project. The ruling, issued on February 27, 2025, stated that the appellants were ineligible slum dwellers and were using “dilatory tactics” to delay the process.
The Slum Rehabilitation Authority (SRA) had surveyed 2,965 slum structures in Bharat Nagar, with 2,625 deemed eligible for rehabilitation. More than 70% of these residents had already given consent for redevelopment.
Role of Saarathi Realtors in the Redevelopment Process
Saarathi Realtors played a role in securing the Supreme Court order that allowed redevelopment to proceed. “From the outset, we were entrusted by Forum Homes to manage Bharat Ekta Cooperative Society’s redevelopment, ensuring a smooth process of slum evacuation and rehabilitation,” said Rajiv Agrawal, Co-Founder of Saarathi Realtors. The company handled negotiations, resettlement, and community engagement to move the project forward.
Bharat Nagar spans 44 acres and includes approximately 7,200 to 7,700 tenements, comprising 3,700 Maharashtra Housing and Area Development Authority (MHADA) tenants and 3,500 to 4,000 Photo Pass tenants. The area is divided into 22 societies and is being redeveloped by multiple developers, including Omkar, Budhpur Adani, Forum Homes, and HDIL.
Supreme Court Upholds Bombay High Court Ruling
A bench of Justices Sudhanshu Dhulia and K V Chandran upheld the Bombay High Court’s January 4, 2023, ruling, which had rejected challenges to the SRA’s eviction notice. The appellants had argued that the land should be redeveloped under Regulation 33(5) of the Development Control Regulations (DCR) rather than under Slum Redevelopment Regulation 33(10). However, the Apex Grievance Redressal Committee (AGRC) had dismissed these claims in 2019, stating that MHADA had consistently maintained that the plot was never part of its designated layout.
Challenges Faced in the Redevelopment Process
Ajit Pawar, Co-Founder of Saarathi Realtors, stated that some slum dwellers attempted to disrupt the process and create obstacles. Saarathi Realtors assembled a legal team to address these objections and present the case before the Supreme Court. “This ruling ensures that minority factions cannot unjustly stall slum rehabilitation projects,” Pawar said.
Sanctioned in 2010, the Bharat Nagar redevelopment project involves merging three plots. While Phase I has been completed, Phase II was delayed due to residents resisting vacating their premises. The Supreme Court ruled that the project relates to a “censused slum” and does not require a separate notification under Section 4 of the Slum Act.
Supreme Court’s Position on Redevelopment
The Supreme Court stated that, while Bharat Nagar is technically a MHADA property, the area had evolved into a slum and required redevelopment under the SRA. Some appellants, initially ineligible, were later granted eligibility but rejected the standard rehabilitation housing, seeking larger accommodations under MHADA’s scheme instead. The court ruled that halting the project at this stage would impact thousands of eligible slum dwellers.
The court also noted that only four appellants initially approached the High Court, while others joined later. The ruling described them as “fence-sitters” attempting to raise grievances belatedly.
Impact on Bharat Nagar Redevelopment
Bharat Nagar consists of two distinct layouts: the MHADA layout, which spans 7,643 square meters and includes planned legal tenements, and the SRA layout, which consists of encroached settlements where residents qualify for rehabilitation. MHADA confirmed to both the High Court and AGRC that the land was never part of its planned layout and had been declared a censused slum in 1981.
With the Supreme Court dismissing the appeal, the redevelopment of Bharat Nagar is set to move forward without further legal obstacles. The project aims to improve living conditions for thousands of residents.
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