Mumbai: The Bombay High Court on Tuesday questioned the state government and the Brihanmumbai Municipal Corporation (BMC) on its action over demolition of nearly 650 tenements by the civic body at Powai’s Jai Bhim Nagar in June.
A bench of Justices Revati Mohite-Dere and Shyam Chandak asked the public prosecutor to take instructions on “why it (demolition) was done”. The bench noted that if “prime facie” there was anything amiss, it would look into it.
The bench asked the State for explanation after it was brought to their notice the circular issued by the government on June 29 which restrained authorities from demolition of unauthorised structures, slums and encroachments on government, semi-government and private lands during the monsoon period from June 1 to September 30.
The HC was hearing a petition filed by 28 slum dwellers from the Jai Bhim Nagar seeking compensation and prosecution of civic officials following the demolition of their structures last month. The residents, predominantly Scheduled Castes, claim they have been living in the area for over 30 years, and have the necessary legal documents such as Aadhar card, ration card, electricity bills, and gas connections to support their claim.
Their petition alleged that after a prominent developer acquired the land, it offered them permanent alternate accommodation in Mahatma Phule Nagar in Kalina. The residents refused and demanded relocation in the same area citing deep roots in the community. The plea further alleged that the developer manipulated the situation and managed to secure an eviction notice from the BMC.
The BMC, on June 3, 2024, announced its plan to demolish the tenements and posted notices on a public toilet and water tank in the area. The residents claimed they were summoned to the Powai police station on June 5 and despite peaceful protest the following day, the demolition started which went on till late night.
The petitioners have sought registration of an FIR against police personnel and BMC officials for offences including assault, illegal eviction, and violation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The plea has also sought formation of a Special Investigation Team headed by a retired judge to investigate the matter in a time-bound manner. They have also sought reconstruction of their demolished hutments at the original site at BMC’s expense and compensation. The HC has kept the matter for hearing on July 19.
