Mumbai: The Bombay High Court recently issued notice to the Central Government and the State government on a petition by activist Medha Patkar seeking rehabilitation and resettlement of slum dwellers of Ambujwadi in Malvani, Malad, whose structures were demolished last June during the monsoon.
A bench of Justices Ajay Gadkari and Kamal Khata also issued the notices to the State principal secretary, BMC, Slum Rehabilitation Authority (SRA), district collector, deputy collector (encroachment) and the Mumbai police commissioner.
According to the petition filed through Talekar and Associates, the authorities undertook “selective demolition” of hutments in Ambujwadi to facilitate an upcoming project by a city developer.
SB Talekar pointed out to the bench that despite existing Government resolutions issued by the State Government and the Pradhan Mantri Awas Yojana (Urban) Mission launched by the Central Government, the authorities have failed to provide affordable housing facilities to eligible families. He further pointed out that the demolition drive was conducted without following due process, including non- issuance of show-cause notices or a survey to determine the residents' eligibility for rehabilitation
After their hutments were demolished last June, the residents had erected temporary structures and were residing there. They had approached the State Human Rights Commission seeking action against authorities for demolition despite there being government notifications prohibiting such action during the rains. SHRC, however, rejected their plea observing that they had encroached on government land.
The State has raised an objection to Patkar’s petition contending that she is not a resident of Ambujwadi. The bench, however, issued notices to the respondents and kept the matter for hearing on December 19, 2024.
The residents had initially approached the State Human Rights Commission (SHRC), which dismissed their plea. The residents then challenged this SHRC order refusing to interfere in the human rights violation of the residents of Ambujwadi slum.
The petition challenges the demolition of homes without a proper rehabilitation and resettlement policy, highlighting the violation of the residents' fundamental right to shelter under Article 21 of the Indian Constitution. It is contended by the petitioner that the Commission did not follow the procedure prescribed under the Human Rights Act, 1993 and on the contrary proceeded to reject the complaint by solely relying heavily on the authorities' replies without conducting a thorough investigation or call for a report from the State Government.
