The Bombay High Court has taken a strong stance against illegal slum encroachments, highlighting how these actions harm law-abiding citizens. In a recent judgment, the court observed that the issue of illegal slums in Mumbai has worsened significantly over the past three decades due to unchecked expansion. This came while dismissing a plea by five slum dwellers attempting to block their eviction by the Brihanmumbai Municipal Corporation (BMC) from a setback area of a co-operative housing society in Sion, Central Mumbai. The area also included a public toilet on an adjacent road, which the slum dwellers had occupied for over 24 years.
The court ordered the petitioners to pay ₹5 lakh in damages to the Everard Society within four weeks. It also held Ajit Kumar Ambi, Assistant Commissioner of the BMC’s ‘L’ ward, guilty of failing to enforce previous court orders and directed him to appear on January 27 to explain why penalties should not be imposed on him. Additionally, the court lifted the stay on demolition and instructed the BMC to remove the illegal structures promptly while identifying and holding accountable other officials responsible for delays.
Justices Ajey S. Gadkari and Kamal R. Khata, who delivered the verdict, expressed concern over the misuse of legal processes by slumlords, with support from municipal officials and corporators. The bench noted that since 2000, 52 illegal structures had been constructed and occupied on a road bordering the society’s southern wall. Despite a 2015 court order declaring these structures illegal and directing their removal, the BMC failed to act, forcing the society to file a contempt petition in 2017.
Although the BMC assured the court in 2023 that it would act, the eviction process faced another delay when five slum dwellers filed a plea to halt the demolition until a rehabilitation site was allocated. The court dismissed their claims, citing a lack of supporting evidence for their eligibility. The judges criticized the authorities for shielding slumlords and ignoring the concerns of the society’s members, who had waited 24 years for action. The judgment also condemned rehabilitation schemes that incentivize illegal activities and burden law-abiding citizens. The court called for stricter enforcement of laws to prevent such cases and ensure justice for affected communities.
The case underscores the growing challenge of illegal encroachments in Mumbai and the urgent need for accountability within municipal systems.
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