In a packed courtroom on 2 September, the Bombay High Court restrained the Slum Rehabilitation Authority (SRA) from dragging a small Malad plot into a sprawling slum redevelopment project. The bench of Justices G.S. Kulkarni and Manjusha Deshpande signalled clear displeasure over what it called a “prima facie overreach” by officials.
Background
Petitioner Ramesh Swaminath Singh owns about 440 square metres in Malad (East), with only five or six structures on it. The land is reserved in the city’s Development Plan 2034 for a garden and an 18.3-metre road. Despite an earlier 2024 High Court ruling protecting his property, Singh received a fresh notice last November under Section 13(2) of the Maharashtra Slum Areas Act, a step that can pave the way for compulsory inclusion in a slum scheme.
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Singh argued that a neighbouring parcel, home to around 128 hutments, had been declared a slum and that SRA was trying to rope in his land simply because a handful of tenants agreed to join the project. He cited Supreme Court precedents affirming an owner’s “peremptory right” to develop private land.
Court’s Observations
The bench repeatedly questioned the logic of treating a mostly vacant private plot as a slum just because it sits next to one. “How can five or six structures justify such a drastic classification?” the judges asked, pointing to their own 2024 order and Supreme Court rulings.
The court also took note of the municipal corporation’s stance. While the Brihanmumbai Municipal Corporation (BMC) admitted the plot is reserved for a park and road, it has not begun any acquisition. BMC said Singh could receive Transferable Development Rights (TDR) as compensation if he voluntarily hands over the land for public use.
Visibly concerned, Justice Kulkarni remarked that the SRA must explain “under what authority subordinate officers” could declare the land a slum without the Chief Executive Officer’s approval.
Decision
Finding a strong “prima facie case,” the court ordered status quo. Until the petition is finally decided, Singh’s land cannot be included in any slum redevelopment scheme for the adjoining property. Respondents have eight weeks to file detailed replies, and the SRA’s chief must personally clarify how such a notice was issued.
The matter will return to court on 9 September, but for now the small Malad plot remains out of the giant slum project.
Case Title: Ramesh Swaminath Singh vs. Slum Rehabilitation Authority & Others , Writ Petition No. 1757 of 2025
Date of Order: 2 September 2025
Petitioner’s Land: 440 sq. mtrs., reserved in DP 2034 for Garden/Park and an 18.3-metre road
Next Hearing: 9 September 2025
