Bombay High Court Slams SRA, Halts Developer's Unlawful Land Grab Attempt

In a powerful display of judicial authority, the Bombay High Court has delivered a stern rebuke to the Slum Rehabilitation Authority (SRA) and a prominent developer, Omkar Realtors and Developers, for their audacious attempt to unlawfully seize private land in Bandra. The High Court, through a division bench of Justices G.S.

Kulkarni and F.P. Noronha, not only halted the developer's actions but also accused the SRA of a "brazen and contemptuous attempt" to bypass standing court orders, sending a clear message about the sanctity of private property rights.

The saga unfolded around Survey Plot No. 175 (part) on H.P.

Bhabha Road in Bandra (West), a parcel of land under the management of a court-appointed receiver due to an ongoing dispute among its original owners. Despite this judicial oversight, Omkar Realtors and Developers issued a public notice in October 2023, boldly claiming the land as part of a slum rehabilitation scheme and soliciting consents from purported slum dwellers.

This move was preceded by an SRA notice in June 2023, initiating steps to declare the plot a slum—a declaration made without consulting the court-appointed receiver or the legitimate owners.

The High Court was unequivocal in its condemnation. It highlighted that the developer's public notice was a direct affront to previous court orders and a desperate attempt to undermine the receiver's authority.

The judges found it astounding that the SRA would proceed with slum declaration on a private plot, especially one explicitly under judicial management, without seeking the court's leave. "It appears to us that it is a brazen and contemptuous attempt on the part of the SRA to declare the private land as a slum and thereafter bring it within the purview of a slum rehabilitation scheme," the bench observed, underscoring the gravity of the misconduct.

Adding another layer of impropriety, the court meticulously reviewed a 2011 Development Agreement between Omkar Developers and a private trust, B.D.

Sethna. This crucial document explicitly stipulated that Plot No. 175 (part) was not to be included in any redevelopment scheme. The developer's subsequent actions, therefore, were in direct contravention of their own agreements, further cementing the court's view of their illicit intentions.

This isn't the first time the SRA has found itself in the High Court's crosshairs for similar transgressions.

The bench recalled previous instances where it had to intervene to prevent the SRA from unilaterally declaring private plots as slums without proper due diligence or owner consultation. Such a pattern of behavior suggests a troubling disregard for legal processes and property rights.

In light of these findings, the Bombay High Court issued a decisive order.

The SRA has been strictly directed to refrain from taking any further steps concerning Plot No. 175 (part) without the explicit permission of the court. Simultaneously, Omkar Realtors and Developers have been permanently restrained from interfering with the court receiver's possession and management of the property.

The case has been adjourned to November 20, where further proceedings are expected to reinforce the judiciary's commitment to upholding justice and protecting citizens from property encroachment.