Mumbai, Jan 02: In a major relief for Godrej and Boyce Mfg Co Ltd, a city civil court has ruled in its favour over a 7,500 sq mt parcel of land in Vikhroli, restraining the authorities from declaring it a slum after a 35-year battle. However, another petition, filed by the state government decades ago seeking ownership of the prime property, is pending before the Bombay High Court.
Dispute centred around temporary hutments
In the civil court matter, the issue revolved around hutments which, according to Godrej, were makeshift and belonged to its labourers, who occupied them rent-free.
The company pointed out that although the suit filed by the government was pending, the collector passed a notification dated October 30, 1978, declaring the portion where the hutments stood as a slum.
Godrej contested slum notification
The company said it filed a detailed reply on November 21, 1979, contending that the hutments were temporary and housed migrant labourers hired for construction work.
It further highlighted that the occupants were not charged any rent or licence fees. Hence, the bid to declare the portion of land a slum was illegal, the company had argued.
No action for a decade, land found vacant
Subsequently, there was no development for 10 years, said Godrej, adding that it suddenly received a notice on February 6, 1988. Replying this time, it informed the authorities that the hutments had been shifted, after which the collector inspected the premises and found the plot vacant.
Alleged obstruction by residents and outsiders
In the meantime, the company claimed, a few people from the company’s housing colony built on the land, with the help of “outsiders”, started obstructing labourers from coming to work.
The group began propagating that the land should be allotted to labourers, prompting Godrej to include a plea in the civil court suit seeking directions to restrain them as well.
Court rejects authorities’ defence
In defence, the authorities said they attempted to declare the land a slum as it was found that the hutments lacked basic amenities. Rejecting the argument, the court noted that the 1978 notification was issued without waiting for the outcome of the case pending before the High Court.
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Slum Act not applicable, court restrains interference
The court further observed that nothing happened for 10 years after Godrej replied to the notification. It reasoned that the Slum Act cannot be made applicable to the land as no evidence had been adduced regarding lack of amenities. The court also issued directions restraining the group from preventing the entry of labourers.
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