HC clears way for Versova slum rehabilitation, dismisses plea by stable owners

Mumbai: The Bombay High Court on Friday paved the way for a slum rehabilitation scheme in Versova by dismissing a plea filed by stable owners who had been occupying the land for over 60 years. The stable owners, who had received eviction notices from the Brihanmumbai Municipal Corporation (BMC) last year, had challenged their removal.

A division bench comprising Justices Ajey Gadkari and Kamal Khata rejected the petition, stating that “such persons do not deserve any sympathy, nor do they deserve any additional compensation. An individual who is a rank trespasser and has usurped properties of an owner cannot be seen to be dictating terms to the owner or the developer to take up a scheme as per his choice.”

The case pertained to the redevelopment of Ramdas Nagar, Versova, where One Stop Business Services LLP, a city-based developer, was appointed in 2022 to implement a slum rehabilitation scheme. The developer intervened in the petition filed by the stable owners, who had approached the court after BMC officials from the K-West ward vacated their stables in November 2024, forcing them to relocate their cattle beyond Mumbai and its suburbs within 15 days.

The developer informed the court that while more than 400 structures had already been demolished as part of the rehabilitation project, the stable owners continued to resist vacating their 11 structures, which included six stables, four residential structures, and one fodder storage unit. The court was also informed that other displaced residents were incurring an annual rental expenditure of ₹75 lakh due to the delays caused by the stable owners’ resistance.

Furthermore, the developer argued that the stable owners had suppressed key facts, including an eviction order issued by the Slum Rehabilitation Authority and related proceedings before the Apex Grievance Redressal Committee. The court agreed, stating that documents such as assessment bills, tax receipts, electricity bills, and ration cards did not confer legal ownership of the occupied land.

“These are the kind of slum colonies in Mumbai that originate from acts of trespass, leaving private citizens with little recourse against such encroachments,” the court observed.

The bench also criticised the stable owners for their unwillingness to cooperate with the authorities and the developer, remarking that their actions amounted to a “sophisticated manner of extortion.” The court noted that by refusing to vacate, the stable owners were intentionally delaying the project, causing financial strain on the developer and potentially jeopardising the viability of the entire rehabilitation scheme.

“We find that the petitioners’ actions indicate an adamant attitude aimed at extracting additional benefits from the developers. Such delays, if prolonged, could lead to the termination of development rights under section 13(2) of the Slum Act. While the developer faces significant financial losses, the petitioners, who are rank trespassers, suffer no real prejudice,” the court stated.