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The Bombay High Court has rejected a public interest litigation (PIL) challenging the use of Mumbai's salt pan land for the Dharavi Redevelopment Project. The bench, headed by Chief Justice D K Upadhyaya and Justice Arif Doctor, ruled that no evidence supported the claim that the land was environmentally sensitive or legally restricted. The judges stated that governmental approvals had already been secured for its use, with no legal bar cited under existing urban planning laws. The PIL had raised concerns over CRZ violations and the potential precedent such land use could set.
The contentious use of Mumbai's salt pan land for the sprawling Dharavi redevelopment project has received judicial backing, as the Bombay High Court dismissed a PIL alleging environmental and legal violations, citing lack of merit and substantiated evidence. Advertisement
The Bombay High Court has dismissed a public interest litigation opposing the use of Mumbai's salt pan land for rehabilitating residents as part of the Dharavi Redevelopment Project. The PIL, filed by advocate Zaman Ali, had challenged the state government's decision to earmark the salt pan land at Wadala for the project, alleging it violated environmental norms and existing development regulations.
The division bench comprising Chief Justice D K Upadhyaya and Justice Arif Doctor observed that the petitioner failed to establish that the land in question was protected under any environmental legislation or that its usage would cause ecological damage. They emphasised that mere opposition to a development initiative without factual backing was not sufficient to invoke judicial intervention.
The petitioner had cited potential violations of Coastal Regulation Zone (CRZ) guidelines and claimed that such usage would establish a precedent for exploiting environmentally fragile lands. However, the court clarified that CRZ clearance had already been obtained, and the area in question was not a notified forest or mangrove zone. The bench further noted that the salt pan land did not fall within any category that would restrict it from being used for public housing purposes under the current planning laws.
Additionally, the court pointed out that the land was included in the Dharavi Notified Area plan and had been cleared by both the Maharashtra government and the Centre. It was part of a land bank intended for public housing, with its transfer already sanctioned in principle by the authorities. The judges reiterated that the courts could not interfere in matters of policy unless there was a clear violation of statutory or constitutional provisions.
The PIL had questioned the legality of the decision and urged for alternative locations to be considered. However, the court stated that such administrative choices fall within the executive's domain and not the judiciary's scope unless proven arbitrary or unlawful. The judges highlighted that urban rehabilitation, especially on the scale of Dharavi, necessitated large, contiguous land parcels, which the salt pan site fulfilled.
The Dharavi Redevelopment Project, one of the largest urban renewal efforts in India, aims to rehabilitate nearly a million residents. Adani Realty secured the redevelopment contract in late 2022 with a bid of INR 5,069 crore, pledging to invest INR 20,000 crore overall. The use of the salt pan land has been a key part of the plan, given the enormous population density and limited space within Dharavi itself.
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