'Valuable Municipal Land Cannot Be Diverted Without Due Process': Bombay HC Questions Mahalaxmi Dhobighat Redevelopment

On August 18, the Bombay High Court raised concerns over a 170-year-old Dhobighat drying area on Mahalaxmi, a site commonly utilized by hundreds of washermen, being incorporated into a slum redevelopment project. The bench of Justices Girish Kulkarni and Neela Gokhale demanded comprehensive explanations from the Brihanmumbai Municipal Corporation (BMC), Slum Rehabilitation Authority (SRA), and the developer regarding the inclusion of this municipal land in the redevelopment scheme.

The petitioners highlighted that Rassiholders have been using the land for drying clothes since 1851, with the area encompassing 7,724.61 sq m and being deemed non-slum. They further stated that only mechanized drying machines would be provided to the Rassiholders upon completion of the project, rather than the expected rehabilitation benefits.

The court emphasized that rights recognized since 1851 could not be discarded in such a fashion and questioned whether the land could be removed from the public domain to facilitate redevelopment. Additionally, the bench noted that the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 recognizes community economic activity areas, including such traditional drying facilities.

The court directed the Additional Municipal Commissioner to provide an affidavit detailing the entire process by which the municipal land was added to the slum redevelopment scheme and approved by the Municipal Commissioner. The matter has been scheduled for hearing on September 1.