Govt Must Undertake Redevelopment On Its Own Land, Cannot Remain ‘Dormant Landlord’: Bombay HC

Mumbai, September 29, 2026: The Bombay High Court has observed that the State Government and public bodies must actively try and undertake redevelopment projects on their own land, rather than remaining dormant landlords while public properties are encroached upon and embroiled in prolonged litigation.

A bench of Justices Girish Kulkarni and Neela Gokhale made these observations while hearing a batch of petitions concerning a long-delayed Slum Rehabilitation Scheme (SRS) spread over 66,000 square metres of government land in Chembur, Mumbai.

Court Flags Apathy Over Public Land

Highlighting the apathy in managing public property, the court remarked: "Large tracts of public lands in Mumbai and surrounding areas, which ought to be conserved for vital public purposes, are being allowed to be encroached upon. What is further painful is that the State Government or its planning authorities, after such encroachment takes place, simply act as quiet onlookers and allow commercial deal-making over government land."

"When public property is involved, state authorities cannot behave like passive, dormant landlords. They must step in, take proactive ownership, and ensure redevelopment is driven by public welfare rather than left to the whims and commercial haggling of private developers."

The court noted that although redevelopment efforts for the Chembur land began in August 2006, not a single brick has been laid even after 20 years. The project has remained at an absolute standstill due to continuous legal disputes between multiple slum dwellers' societies and competing private developers.

Court Expresses Concern Over Delay

Expressing deep concern over the delay, the bench observed: "It is distressing to note that after twenty long years, not a single brick has been laid. The statutory intent of slum rehabilitation is being completely defeated when projects remain stuck in an endless loop of litigation between rival builders."

"Slum dwellers cannot be treated as pawns in private commercial battles. The policy of slum rehabilitation was envisioned to provide dignity and safe housing to eligible citizens, not to turn public land into an arena for perpetual legal warfare."

Call For Time-Bound Rehabilitation

The court has called for smoother administrative functioning, monitoring, and time-bound execution of slum rehabilitation schemes to avoid perpetual delays.

The judgment comes in a petition filed by a private developer alongside connected petitions filed by slum dwellers' societies and rival builders. The developer had approached the court challenging internal communications and notices issued by the authorities regarding the reassessment of consents and financial capacity.

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Reiterating the true intent of social welfare legislation, the High Court concluded that the primary goal of any slum rehabilitation policy must remain the timely, genuine housing rehabilitation of eligible citizens, rather than serving private commercial interests on public land.

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