Bombay HC flags redevelopment of 33 acres of prime South Mumbai land amid lack of gardens and open spaces
The Bombay HC said slum dwellers’ rights cannot override public interest, noting that granting land free of cost is detrimental to the city’s long-term needs
The Bombay High Court (HC) has questioned the legality of redeveloping 33 acres of prime government land at Cuffe Parade in South Mumbai under the Slum Rehabilitation Authority (SRA) scheme. In a strongly worded order, the court noted that the land was being sought for redevelopment under the guise of slum rehabilitation, calling it a common method for diverting valuable public land.
The HC expressed concern over the state’s ‘largesse’, stating that prime land cannot be removed from the public pool and ‘thrown open for private development’ at a time when the city is already deprived of basic utilities such as gardens, open spaces, and other public amenities.
The division bench of Justices G.S. Kulkarni and Aarti Sathe, hearing two petitions on October 1, expressed concern that such a vast and valuable tract of public land in one of the city’s most expensive sea-facing localities could be permanently lost to slum redevelopment and large-scale private construction.
The court raised questions over whether the Slum Rehabilitation Authority (SRA) had obtained any Cabinet approval to transfer such large government land for private redevelopment.
“Under the garb of any schemes under the Slum Act, such large and valuable public largesse cannot be taken away and deprived of public utility and public interest,” the bench said,
“Such prime land cannot be permanently taken away from the public pool of lands as also been thrown open for private development, would be the moot question, certainly arising for consideration. Prima facie, any other view would amount to a fraud on the Constitution,” the bench said in the order.
The judges drew attention to what they described as a ‘modus operandi’ in which public lands are encroached, declared slums, and then redeveloped. "This is a usual modus operandi to siphon off valuable public lands. We need not delve into the cost of each unit in an area like Colaba/Cuffe Parade. The value of the land and any development thereon just needs to be imagined," the Bombay HC said in the order.
In its order, the Bombay HC expressed alarm that “such vast land of the ownership by the state government can just be made available for slum redevelopment, i.e., not only rehabilitation of the slum dwellers in skyscrapers but also large-scale private apartments to be constructed in one of the most prime localities in South Mumbai, where land is scarce and the government's requirement for land is never-ending.”
The court stated that “Mumbai is an island city, where it is no longer possible to find government lands available for public use. In such circumstances, in the prime localities of Mumbai and that too a place like Cuffe Parade/Colaba, which are\ sea-facing lands, they are invaluable for the government utility and/or for any vital\ public purpose, which may be innumerable.”
"However, it appears that the Slum Rehabilitation Authority is too keen for reasons best known to it to permit such vast government land to be extinguished permanently from the pool of government lands which could be utilized for public utilities like gardens, open spaces etc., in a city which in any way bursting with unbridled construction depriving the public of such basic requirements for a humane living. Such largesse being showered and that too free of cost on 65000 slum dwellers is detrimental to public interest and long-term needs of the city," the court said in the order dated October 1, 2025.
The petitions before the court include one by Gulab Shankar Mishra, representing a federation of slum societies in the area, and another by developer Precaution Properties Pvt. Ltd., which has been appointed to undertake the redevelopment. The land in question, owned by the state government, houses nearly 65,000 slum dwellers who have formed a society and sought redevelopment under the SRA.
The bench observed that while the rehabilitation of eligible slum dwellers is a legal right, it cannot justify permanently removing valuable government land from the public domain. The judges noted that Mumbai, as a land-scarce island city, cannot afford to lose such tracts, which could otherwise be used for essential public needs like gardens, open spaces, or other civic infrastructure.
Citing earlier rulings, the court reiterated that slum dwellers do not have an absolute right to be rehabilitated on the same land they have encroached upon, particularly when it involves prime government-owned properties in localities such as Cuffe Parade, Nariman Point, or Malabar Hill. The right, the judges emphasised, is to secure alternate permanent housing, not ownership or continued possession of the same high-value land.
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Why did the matter go to court?
In this case, the Ministry of Defence had denied a no-objection certificate for the project due to the land’s proximity to defence establishments, prompting the relevant parties to approach the court. On the matter, the Bombay HC stated that the Centre must be heard on the security implications of the proposed redevelopment and directed the Ministry of Defence, along with the SRA CEO and Maharashtra’s revenue and urban development secretary, to file affidavits in reply within 10 days.
The matter has been adjourned to October 15, with the Bombay HC stating that the issue goes beyond the rights of individual slum dwellers or developers. At stake, it observed, is the long-term public interest and the state's constitutional responsibility to safeguard prime government land for future generations.
What is an SRA project?
A Slum Rehabilitation Project (SRA) in Mumbai is a government-led scheme that redevelops slum areas by providing free, legal housing to eligible slum dwellers. In exchange, developers get rights to use the freed-up land for saleable projects, balancing social welfare with real estate development incentives.
Under the SRA scheme, rehabilitated slum dwellers get a 1 BHK apartment of around 330 sq ft. During the construction of rehabilitation apartments, the slums are demolished, and the displaced slum dwellers are provided with rent for the interim period.
