Bombay high court stays proposed takeover of Bandra church land by SRA

MUMBAI: Bombay high court on Friday stayed the proposed acquisition by Slum Rehabilitation Authority of a part of land of Mount Mary Church at Bandra (W) for redevelopment. "...If (interim) relief is refused in all likelihood the situation will be irreversible with divesting of title of the petitioner and vesting of title with the government. Reversing that situation might be exceedingly irreversible," said Justices Gautam Patel and Madhav Jamdar.
They heard a petition by Bishop John Rodrigues, sole trustee and rector, Basilica of Our Lady of the Mount, challenging the October 29, 2021, public notice calling for objections to the acquisition of the property.In September 2020 CEO of SRA said 1,596 out of 10,700 sq mt land of the trust was proposed to be declared a slum rehabilitation area.
The 1,596 sq m comprises a chawl [now called Shri Kadeshwar CHS (proposed)], and seven buildings. On December 31, 2020, SRA declared it a slum. The petition said the trust had submitted a composite development scheme for 10,700 sq mt but it was ignored. Also SRA's public notice was at the behest of the Kadeshwar CHS who appointed a developer Saldanha Real Estate Pvt Ltd.
Senior advocate Birendra Saraf, with advocate Neha Mehta, submitted that on March 29, 2022, the petitioner's representation against the public notice was rejected. Saraf argued that before the land is given to a developer as part of the slum rehabilitation scheme, there is a priority right given to the owner to redevelop. "They have said no to me,'' said Saraf. Justice Patel added, "They have to say you are incapable (of redevelopment)."
Kadeshwar Society's advocate objected to the petition. "You are a society of slum-dwellers. Your anxiety is making us apprehensive," said Justice Patel. The developer's advocate said "he (petitioner) is trying to merge with our plot." Justice Patel retorted, "Not your plot and it may never be your plot."
The judges said they will hear all sides on June 16 and stayed the public notice. "Consequently no further steps are to be taken to acquire the land till the next date,'' they added.