Govt Must Undertake Redevelopment On Its Own Land, Cannot Remain ‘Dormant Landlord’: Bombay HC

The Bombay High Court has emphasized that government bodies must actively undertake redevelopment projects on publicly owned land, rather than remaining inactive landlords while private developers encroach upon and sue over such properties. A bench of Justices Girish Kulkarni and Neela Gokhale made these observations while hearing petitions regarding a delayed Slum Rehabilitation Scheme (SRS) covering 66,000 square meters of government land in Chembur, Mumbai.

The court highlighted the lack of care in managing public property, noting that large tracts of public land are being allowed to be encroached upon, and that state authorities often act as silent observers, permitting commercial deals on government land. The court stressed that public bodies cannot function as passive landlords; instead, they must actively own and manage public property for public welfare, rather than allowing private developers to negotiate deals on such land.

The court expressed deep concern over the 20-year delay in the Chembur land redevelopment project, which has remained stagnant due to ongoing legal disputes between slum dwellers' societies and competing private developers. The bench observed that such delays completely undermine the statutory intent of slum rehabilitation, turning public land into a battlefield for legal battles rather than a means of providing dignified housing to eligible citizens.

The court called for smoother administrative functioning, better monitoring, and time-bound execution of slum rehabilitation schemes to prevent perpetual delays and ensure the true objective of social welfare legislation, which is the timely, genuine housing rehabilitation of eligible citizens.