MUMBAI: The Bombay high court on Friday modified its 2015 order and prevented the ouster of close to 1,300 slum dwellers from an over six acre slum sprawl on land belonging to the Thane Mental hospital.
The relief to the slum dwellers is subject the state paying a Rs 42 crore premium to the Mental Hospital as entailed under redevelopment schemes of the Slum Rehabilitation Authority (SRA) directed a bench of Justices S B Shukre and F P Pooniwalla.
The HC said the proposed slum rehabilitation schemes for eligible slum dwellers is permitted on the hospital land. After hearing state Advocate General Birendra Saraf who said the plots on which the slum rehabilitation authority (SRA) schemes are proposed are not the same as the proposed area for an approved plan to redevelop the Mental Hospital, the HC said neither is the hospital revamp affected.
An amicus curiae (friend of court) senior counsel Mihir Desai appointed earlier by the court expressed an apprehension of slum scheme possibly adversely affecting the hospital project. But the HC said his doubts stand ruled out. In fact, the hospital stands to gain about Rs 42 crore which could be utilised to improve its facilities and quality of service to patients.
The HC had in August 2015, in a public interest litigation (PIL) directed State government and the Thane Collector to take steps to remove encroachment on 10 acres of Thane land and not to allot the Mental hospital land to any third party under any condition. The PIL filed in 2010 by one Vrushali Kalal alleging encroachment of the hospital land sought better implementation of the Mental Health Act.
In 2019 and 2020, slum societies approached the HC saying many residing since pre-1995 on the land were protected by law against eviction and eligible for SRA schemes to get free permanent tenements.
Two slum societies—Dharmveer Nagar and Saptashrungi Housing society—through ex-ASG Anil Singh said redevelopment schemes were already proposed and removing slum occupants of these slums now would deny them the SRA scheme benefits.
State and the Mental hospital had no objection to the SRA schemes on the plot as the health department is then entitled to receiving 25 percent as land premium—in this case, Rs 42 crore said Singh adding, the amount could be used for modernising the hospital facilities. The HC agreed.
The hospital in an affidavit said the HC had in March modified its order and granted 15 acres to the Thane Municipal corporation (TMC) for construction of a new railway station as part of the Thane Smart City Project. In doing so, the HC had said its 2015 order against alienating any part of hospital land was to prevent illegal allotments and could thus be modified, for a public project.
The Mental Hospital had 72 acres initially, now 57 acres remain.
Desai, and advocate Neeta Sarnaik—for an intervenor who opposed the slum dwellers’ plea—said there is no right to be relocated in-situ on the mental hospital land itself and argued that the slum scheme could be implemented elsewhere. The State, in turn, said the costs and delay to rehabilitate the slums would be huge and the law permits compensating the mental health hospital for loss of its land if a slum scheme is permitted on it, a speedy and convenient solution.
State issued a Government Resolution (GR) this April, to remove encroachment on eight acres.
The HC said the 2015 order stands modified and would not apply to the two slum plots nor would the State GR obstruct the implementation of SRA schemes.
The relief to the slum dwellers is subject the state paying a Rs 42 crore premium to the Mental Hospital as entailed under redevelopment schemes of the Slum Rehabilitation Authority (SRA) directed a bench of Justices S B Shukre and F P Pooniwalla.
The HC said the proposed slum rehabilitation schemes for eligible slum dwellers is permitted on the hospital land. After hearing state Advocate General Birendra Saraf who said the plots on which the slum rehabilitation authority (SRA) schemes are proposed are not the same as the proposed area for an approved plan to redevelop the Mental Hospital, the HC said neither is the hospital revamp affected.
An amicus curiae (friend of court) senior counsel Mihir Desai appointed earlier by the court expressed an apprehension of slum scheme possibly adversely affecting the hospital project. But the HC said his doubts stand ruled out. In fact, the hospital stands to gain about Rs 42 crore which could be utilised to improve its facilities and quality of service to patients.
The HC had in August 2015, in a public interest litigation (PIL) directed State government and the Thane Collector to take steps to remove encroachment on 10 acres of Thane land and not to allot the Mental hospital land to any third party under any condition. The PIL filed in 2010 by one Vrushali Kalal alleging encroachment of the hospital land sought better implementation of the Mental Health Act.
In 2019 and 2020, slum societies approached the HC saying many residing since pre-1995 on the land were protected by law against eviction and eligible for SRA schemes to get free permanent tenements.
Two slum societies—Dharmveer Nagar and Saptashrungi Housing society—through ex-ASG Anil Singh said redevelopment schemes were already proposed and removing slum occupants of these slums now would deny them the SRA scheme benefits.
State and the Mental hospital had no objection to the SRA schemes on the plot as the health department is then entitled to receiving 25 percent as land premium—in this case, Rs 42 crore said Singh adding, the amount could be used for modernising the hospital facilities. The HC agreed.
The hospital in an affidavit said the HC had in March modified its order and granted 15 acres to the Thane Municipal corporation (TMC) for construction of a new railway station as part of the Thane Smart City Project. In doing so, the HC had said its 2015 order against alienating any part of hospital land was to prevent illegal allotments and could thus be modified, for a public project.
The Mental Hospital had 72 acres initially, now 57 acres remain.
Desai, and advocate Neeta Sarnaik—for an intervenor who opposed the slum dwellers’ plea—said there is no right to be relocated in-situ on the mental hospital land itself and argued that the slum scheme could be implemented elsewhere. The State, in turn, said the costs and delay to rehabilitate the slums would be huge and the law permits compensating the mental health hospital for loss of its land if a slum scheme is permitted on it, a speedy and convenient solution.
State issued a Government Resolution (GR) this April, to remove encroachment on eight acres.
The HC said the 2015 order stands modified and would not apply to the two slum plots nor would the State GR obstruct the implementation of SRA schemes.
