Project Of Public Importance Ought Not To Be Stalled: SC Rejects Slum Dwellers' Plea Against Eviction [Read Order]

The vacation bench comprising Justice Indira Banerjee and Justice Ajay Rastogi observed that it could not interfere with the project of public importance of widening of a road in a highly congested city like Mumbai.

The slum dwellers had approached the apex court after the Bombay High Court turned down their challenge against the action of the Municipal Corporation in seeking to evict them. The bench noted that they are neither owners of the land on which their shops and residences are located nor hold the same under any tenancy or lease.

There can be no equality to a wrong

Before the Apex Court, it was contended on behalf of slum dwellers that the alignment of road is not uniform by reason of construction of multi-storeyed buildings, which ought not to have been sanctioned in 2015. Addressing this contention, the bench said:

"Interference is not warranted in writ proceedings with an important project for widening of a road in a congested city, on the ground of the alignment not being uniform by reason of construction of multi-storeyed buildings. There can be no equality to a wrong. A project of public importance, it is reiterated ought not to be stalled. The order does not call for interference"

The court added that if those evicted are protected occupiers, they shall be provided with alternative accommodation within three months from the date of eviction.

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