High Court’s Authority Runs Above MLA’s: 19 Tenements Demolished After Bombay HC Criticised Political Interference In Slum Redevelopment Project

Nineteen tenements in Jogeshwari, Mumbai were demolished on Tuesday after Bombay High Court pulled up the Slum Redevelopment Authority and BMC for stalling the demolition on the basis of a letter by MLC Pravin Darekar to CM Eknath Shinde against the redevelopment scheme.

A division bench of Justice GS Patel and Justice Neela Gokhale had stated on Monday that the authority of High Court is above that of MLAs, and also warned action against those responsible for any such interference with court orders.

“We will not permit interference with orders of this Court by anyone, whether MLA or any other political entity. The authority of this Court runs above that of MLAs. Any attempt to interfere with implementation of orders of this Court will be seen as interference with the administration of justice and will be dealt with accordingly”, the court had said.

SRA on Wednesday submitted a compliance report by the Tehsildar, SRA, stating that demolition of the nineteen structures has been carried out as scheduled on July 4, 2023.

The slum redevelopment scheme for the concerned property in Vijaynagar, Jogeshwari is being implemented by Gyan SP Developers LLP. Darekar, in the letter dated December 16, 2022, urged the CM not to continue the project claiming that developer was not following due process while evicting the slum dwellers. On June 20, 2023, the HC refused to stay demolitions in a petition by eleven slum dwellers and appointed a court receiver to carry out the demolitions. Eleven structures were demolished the next day.

In April 2023, the developer had asked for eviction of nineteen other structures so that they could be demolished. Eighteen of the slum dwellers filed appeal before the AGRC which was dismissed on June 27. Thus, the demolition was scheduled for July 4. On June 30, 2023, the SRA sought an explanation from the developer regarding Darekar’s claims in the letter to the CM. On July 1, the Pest Control Officer of BMC ward served two notices dated June 19 to the developer asking it to pump out accumulated water and remove construction debris.

The developer approached the High Court against the notices alleging that this is an attempt to stall the project by the same politician. It also claimed that the debris is due to the metro project, and not the slum redevelopment project.

The court on Monday took exception to the notices and quashed them, directing the Jogeshwari police station to deploy sufficient male and female personnel on site to assist the SRA in the scheduled demolition.

“The action of the authority has to be commended for sheer inventiveness. After every attempt to stall demolition of the slum structures failed, the latest opposition comes in the form of a notice from, of all entities, the Pest Control Officer, K/East Ward of the MCGM, saying that the demolition cannot proceed. There is also a reference to a letter of an MLA saying that the project should not proceed”, the court observed.

The court disposed of the writ petition on Wednesday after the SRA submitted a compliance report.

Senior Advocate SU Kamdar with Advocates Chirag Bulsara, Sarosh Bharucha, and Ashok Pande represented the developer.

Advocate Jagdish G Aradwad (Reddy) represented the SRA.

Case no. – WP(L)/17838/2023 [Original]

Case Title – Gyan SP Developers LLP v. Tahsildar 1 (Special Class), SRA and Ors.