Mumbai, Feb 23: The Bombay High Court has directed authorities to demarcate land belonging to the University of Mumbai at the Kalina campus and take steps to remove encroachments, after the university withdrew its petition challenging the applicability of slum rehabilitation laws to lands acquired for public purposes.
A bench of Justices Girish Kulkarni and Aarti Sathe on February 20 ordered the City Survey Officer to undertake demarcation of the university’s land as described in a Sanad dated October 26, 1987, upon an application made by the institution.
BMC directed to remove encroachments
The court further directed the Brihanmumbai Municipal Corporation (BMC) to take “appropriate steps in accordance with law” to remove encroachments, if any, identified after demarcation.
University withdraws challenge to Slum Act provisions
The directions came after the university sought permission to withdraw its petition challenging the provisions of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, and Development Control and Promotion Regulations (DCPR) 2034.
It contended in the petition that lands acquired for designated public and institutional purposes could not be declared as Slum Rehabilitation Areas without the consent of the landowning authority.
The petition had particularly questioned the constitutional validity of Section 3C of the Slum Act, which allows slum rehabilitation schemes on lands owned by government bodies, statutory authorities and public institutions without requiring a No Objection Certificate from the landowner, alleging violation of Articles 14, 21 and 300A.
Court permits withdrawal, vacates interim relief
At an earlier hearing dated December 17, the bench had noted that the “entire complexion of the issues were discussed” and granted time to the petitioner to obtain instructions.
When the matter was listed on February 20, the university’s advocate, Yuvraj Narvankar, informed the court that the university had issued written instructions to withdraw the petition but sought protection of its land in view of alleged encroachments.
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Holding that the petition no longer required adjudication, the court permitted withdrawal, vacated interim relief and disposed of the case, while keeping open the contentions of private parties regarding demarcation.
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