Bombay High Court Clears Path for Dharavi Redevelopment, Rejects Koli Land Demarcation Petition
In a significant ruling, the Bombay High Court on Saturday dismissed a petition filed by the Dharavi Koli Jamat Trust, which sought proper demarcation of traditional Koli land through a fisheries department survey before any redevelopment could proceed on a nearly 50-acre plot in Dharavi. The decision removes a key legal hurdle for the ambitious Dharavi Redevelopment Plan.
Court Cites Finality of 2016 Notification and Timing Issues
The division bench of Justices M S Karnik and S M Modak held that a 2016 notification issued by the Maharashtra state government has attained finality, and the request for remapping cannot be accepted as it was too late in the day. The court emphasized that with the passage of time and Dharavi's transformation into a cluster of slums, it is no longer open for the petitioner to claim exclusive rights for fishing and allied activities based solely on traditional use or pending surveys.
The court stated, "We are afraid that it is too late in the day to canvass such a submission." It further observed that the demand to wait for a fisheries survey contradicts the exercise already undertaken by the state and the Slum Rehabilitation Authority (SRA).
Petitioner's Grievance and Legal Arguments
The Dharavi Koli Jamat Trust's petition highlighted inaction and inordinate delay of about 15 years by the revenue and forest department and the urban development department of Maharashtra in ascertaining, determining, demarcating, and finalizing the outer boundary of Dharavi Koliwada. The trust sought finalization of the demarcation of outer boundaries traditionally used for fishing and allied activities, covering approximately 2,00,830 square metres, before any development could commence.
Representing the trust, counsel Ravi Gadakar argued that the petitioner only wanted the boundaries identified through exercises by the fisheries and city survey departments. However, the court dismissed the plea for lacking merit, though it granted liberty to the trust to pursue their representation with the state government regarding land record surveys.
State and Developer's Position
During the hearing, senior counsel Ravi Kadam, representing the project implementation special purpose vehicle (SPV) Navbharat Mega Developers Private Ltd, and Milind More, additional government pleader for the state, presented arguments supporting the redevelopment plan. The court's order effectively paves the way for the Dharavi Redevelopment Plan to move forward without further delays related to land demarcation disputes.
This ruling underscores the legal complexities surrounding urban redevelopment in historically significant areas like Dharavi, balancing traditional land rights with modern development needs. The decision is expected to accelerate the long-pending redevelopment project, which aims to transform one of Asia's largest slums into a modern residential and commercial hub.
