Mumbai, Feb 24: Even as the Bombay High Court on Monday said it would closely scrutinise the State government’s decision to delete a substantial portion of land reserved for expansion of the Worli sewage treatment plant (STP), the developer undertaking a slum rehabilitation project on the site assured the court that transit camp structures raised there would be removed within 90 days.
The court noted it has to examine the legality of the State government’s decision as the issue involves “overarching public interest” linked to essential civic infrastructure.
Developer challenges stop-work notices
A bench of Justices Girish Kulkarni and Aarti Sathe was hearing a petition by Worli Urban Development Project LLP (formerly Lokhandwala DB Realty LLP), which is redeveloping multiple slum societies on municipal land off Dr E Moses Road. The developer had approached the HC after the SRA issued stop-work notices alleging illegal construction of transit camps without required environmental clearance.
The court has asked the State government and the Brihanmumbai Municipal Corporation (BMC) to explain how land originally reserved under the Development Plan for public utilities admeasuring nearly 27,700 sq metres was reduced to about 17,750 sq metres under a State government order dated June 12, 2024.
“We intend to examine… how the extent of reservation of a larger area could be reduced at the instance of the proposal submitted by the developer,” the bench observed. It added that the State’s authority and jurisdiction to pass such an order, as well as its permissibility under Regulation 17(3)(D)(2) of the Development Control and Promotion Regulations (DCPR) 2034, would be scrutinised.
The plot was reserved for a “sewerage pumping station / sewerage treatment plant expansion and solid waste management” facility required by the civic body.
Transit camps to be dismantled within 90 days
Senior counsel Aspi Chinoy, appearing for the developer, submitted that transit camp constructions occupying around 17,756 sq metres would be dismantled within 90 days as directed by the court during the last hearing on February 10. He further assured the court that no construction would be undertaken on land demarcated for sewerage infrastructure that is to be handed over to the BMC.
The court noted that it needed to examine whether such a large portion of reserved land could be deleted from reservation merely because municipal land had been encroached upon by slum dwellers. The bench termed the issue “significant”, particularly when it concerns essential civic infrastructure.
Amicus appointed; next hearing on March 9
The judges noted that the BMC itself had initiated demolition action after alleging inaction by the Slum Rehabilitation Authority (SRA) in removing illegal transit structures on the reserved land, which led to the present proceedings reaching the court.
To assist on the legal questions involved, the court appointed senior advocate Zal Andhyarujina as amicus curiae (friend of the court) and permitted parties to file additional affidavits.
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In the meantime, the court has clarified that the BMC is free to utilise the available 17,756 sq metres reserved for the sewage project, while use of the remaining land — now deleted from reservation and proposed for redevelopment — will remain subject to further consideration.
The HC has kept the matter for hearing on March 9.
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