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The Supreme Court has upheld the Bombay High Court's decision that annulled the Slum Redevelopment Authority's acquisition of Church Trust-owned land in Bandra, noting that a private developer's influence was apparent in the process. The court stressed that a landowner's preferential right to redevelop should not be overlooked. It criticised the authority for rejecting the Trust's proposal while entertaining the developer's, and directed that the Trust be allowed to submit its own scheme for consideration.
The Supreme Court has confirmed the Bombay High Court's order that struck down the Slum Redevelopment Authority's acquisition of Church Trust-owned land at Mount Mary in Bandra. The bench remarked that the acquisition reflected the influence of a private developer, which compromised fairness in the process. Advertisement
It was highlighted that the Trust had consistently expressed its intent to redevelop the property since 2013, yet its proposal was set aside on technical grounds, while the developer's application was entertained despite shortcomings. The court observed that such conduct amounted to the authority abandoning its duty to act in accordance with law and to safeguard the landowner's rights.
The ruling further clarified that the Slum Redevelopment Authority is entitled to step in only if a landowner fails to exercise the preferential right to redevelop within 120 days. In this case, the Trust had demonstrated its willingness, making the acquisition unjustified.
Granting relief, the Supreme Court permitted the Church Trust to submit its Slum Rehabilitation Scheme within a stipulated timeframe. It directed the authority and the state to extend all necessary assistance, including surveys and demarcations, and to ensure that the proposal is processed within 60 days.
By restoring the Church Trust's opportunity to submit its scheme, the court has reiterated that authorities must act impartially and with transparency. The judgment highlights the importance of procedural fairness in slum redevelopment, making clear that acquisition powers cannot be misused to favour private parties at the expense of rightful ownership.
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