Bombay High Court Appoints Advocate Commissioners To Assess Transit Space For Washermen At Mumbai's Dhobighat

The Bombay High Court has appointed two lawyers practicing in the HC as Advocate Commissioners to ascertain the status of transit rent payment and the transit space available for drying clothes for the Washermen and Rassiholders of Dhobighat situated on Dr. E. Moses Road, Jacob Circle, Mumbai. These persons, operating on a heritage site, have been washing and drying clothes for over a century.

A division bench of Chief Justice Devendra Upadhyaya and Justice Arif S Doctor in a PIL regarding the welfare of the washermen observed -

“The Washermen/Rassiholders belong to the lower strata of the society and ours being a welfare state has to be alive to their problems and accordingly it becomes the duty of the Court to protect their rights, specially the constitutional rights.”

The court noted that the Washermen have been using a specific plot with stones or cubicles for washing clothes, operated under a license from the Brihanmumbai Municipal Corporation. This plot is a heritage site. Adjacent to it, there's another piece of land used for drying clothes with a rope (Rassi), traditionally operated by Rassiholders. The Slum Rehabilitation Authority (SRA) has proposed a Slum Development Scheme on this land as slum dwellers live in this area.

The petitioner Dr. Vijay Uma Shankar Mishra expressed concern about safeguarding the interests of Washermen/Rassiholders while accommodating the Slum Development Scheme. He claimed that the Washermen/Rassiholders are not being paid transit rent regularly and the transit space is inadequate for drying clothes.

Referring to a meeting on May 25, 2016, attended by various stakeholders, including SRA representatives, Municipal Corporation officials, and Washermen/Rassiholders, the court noted that the parties agreed to take measures to protect the interests of the Washermen/Rassiholders.

The key areas of concern highlighted by the court include regular payment of transit rent to Washermen/Rassiholders, provision of adequate space for drying clothes during the construction phase, and ensuring suitable space within the building for drying clothes once the scheme is completed.

Considering the scarcity of space and modern technology, the court opined that in the building the Washermen/Rassiholders should be provided with mechanized facility for drying clothes.

"having regard to the scarcity of space and also taking into account the rapid strides made in technology, it would be appropriate if in the building these Washermen/Rassiholders are provided with the modern mechanized facility for drying the clothes."

The court appointed Advocates Ranjeev Carvalho and Vikramjeet Garewal as Advocate Commissioners to visit the transit accommodation provided for drying clothes. Their task includes assessing the adequacy of space, determining the number of affected Washermen/Rassiholders, and ascertaining the current status of transit rent payments. The BMC and SRA are obligated to provide necessary assistance and information.

The court directed a payment of Rs. 50,000 as fees to each Advocate Commissioner, deposited by the developer before the Prothonotary and Senior Master of the Court by November 30, 2023.

Further, the court directed SRA and the developer to file affidavits detailing steps taken to fulfil obligations from the 2016 meeting. The affidavits should also outline how mechanized drying facilities will be provided to Washermen/Rassiholders in the building under the scheme.

The case is scheduled for further hearing on January 10, 2023.

Case no. – Public Interest Litigation No. 35 of 2022

Case Title – Dr. Vijay Uma Shankar Mishra v. Commissioner, MCGM and Ors.