Bombay HC Directs State To Resolve Danda Koliwada Land Dispute, Says Govt Cannot Be ‘Mute Spectator’

Mumbai, Dec 20: The Bombay High Court has directed the Maharashtra government to step in and resolve a dispute between a traditional fishing cooperative and a slum rehabilitation society over the use of government land at Danda Koliwada in Khar (W), observing that the state cannot remain a ‘mute spectator’ when competing claims arise on its own land.

Petition filed by traditional fishing cooperative

The court was hearing a petition filed by Danda Koli Masemari Vyavasayik Sahakari Sanstha Maryadi, which has claimed traditional rights over a portion of disputed land for drying fish and fishing nets. The adjoining land has been developed as a slum by Hanuman Nagar CHS Ltd, which has appointed Jasani Realty Private Limited as the developer.

Both parcels appear to be government land, HC notes

The court noted that both parcels of land “appear to be government lands” and that the slum has come up due to encroachments which were later protected and are now being redeveloped under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, read with Development Control Regulation 33(10).

Fisherfolk allege encroachment on traditional drying land

According to the petitioners, about 1,500 sq metres of land traditionally used by them for drying fish and nets has been encroached upon and is being utilised under the slum rehabilitation scheme. They contended that no lawful demarcation of the land had taken place. The claim was disputed by the developer and the slum society, relying on a certificate issued by the district inspector of land records and approved slum plans.

Court refuses to decide boundary dispute

However, the court declined to adjudicate the factual boundary dispute, stating that the matter must be resolved by the landowner. “It cannot be that the owner of the land, the state government, is oblivious to what is happening to its prime land,” the bench observed.

Urban Development Department and SRA directed to act

The HC directed the additional principal secretary of the Urban Development Department, the Mumbai suburban district collector, and the chief executive officer of the Slum Rehabilitation Authority (SRA) to resolve the issue.

Status quo ordered on disputed land

The court ordered that “no coercive action shall be taken” against the land used by the petitioners and that status quo be maintained with respect to the disputed land.

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Deadline set for decision

Asking the authorities to take a decision by January 10, the HC noted that in case any adverse order is passed against the petitioners, it shall not be implemented for ten days from its communication.

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