2023 Malwani Demolition: Bombay HC Asks State To Reply To Plea By Medha Patkar

The Bombay High Court on Friday asked state to file reply to a petition by activist Medha Patkar seeking rehabilitation and resettlement of slum dwellers of Ambujwadi in Malvani, Malad, whose structures were demolished last June during the monsoon. The court has also issued notices to the Slum Rehabilitation Authority (SRA), Brihanmumbai Municipal Corporation (BMC) and Ministry of Housing. 

According to the petition filed through Talekar and Associates, the authorities undertook “selective demolition” of hutments in Ambujwadi  to facilitate an upcoming project by a city developer. 

After their hutments were demolished last June, the resident had erected temporary structures and were residing  there. They had approached the State Human Rights Commission seeking action against authorities for demolition despite there being government notifications prohibiting such action during the rains. SHRC, however, rejected their plea observing that they had encroached on government land. 

During the hearing on Friday, state advocate opposed the plea contending that Patkar was not a resident of Ambujwadi. 

The court, however, questioned the government’s opposition to the plea by Patkar. “I can understand if private parties or builders are raising such objections. The complaint here is you are not doing your statutory duties. In such matters what is important is the message, not the messenger,” a bench of Justices MS Sonak and  Kamal Khata said. 

The court then asked the state to file affidavit explaining whether it has complied with the law.