Maharashtra Removes Consent Requirement for Slum-Dwellers in Cluster Redevelopment: A Detailed Legal Analysis

Introduction: A Major Shift in Maharashtra’s Urban Redevelopment Policy

The Maharashtra Government has issued a significant Government Resolution (GR) dated 13 November 2024, removing the requirement of obtaining individual slum-dwellers’ consent for cluster redevelopment projects.
This marks a major departure from earlier slum rehabilitation frameworks, which depended heavily on consent thresholds ranging between 50% to 70% under various regulations.

The new framework seeks to accelerate redevelopment in Mumbai and other urban pockets by enabling quicker clearance of slum clusters, integrating government-owned lands, and expanding permissible redevelopment zones, including CRZ-regulated areas.

Removal of Consent Requirement

Under the new GR, individual slum dwellers’ consent is not required for initiating cluster redevelopment.
The Slum Rehabilitation Authority (SRA) will identify eligible cluster areas and forward them to the High Power Committee (HPC) for final approval.

This change aims to eliminate delays arising from fragmented ownership, disputes, and resistance within slum communities, which historically stalled redevelopment projects for several years.

Central Government Land Now Eligible

For the first time, land under the ownership of the Central Government can be included in cluster redevelopment schemes, subject to obtaining permissions from concerned central authorities.

This widens redevelopment scope in Mumbai, where large tracts of railway land, defence land, and port land are situated adjacent to major slum settlements.

Minimum Land Area and Cluster Conditions

The GR lays down specific eligibility conditions:

  • Minimum contiguous area: 50 acres

  • Of this, more than 51% must be slum area

  • Existing projects under Regulation 33(10) of the DCPR, 2034 may also be merged into cluster redevelopment schemes

  • Applies to non-slum structures such as:

    • Industrial buildings

    • Commercial establishments

    • Warehousing facilities

    • Structures falling under CRZ regulations

This indicates a broader urban planning approach where redevelopment is not confined to slum pockets alone.

Inclusion of CRZ-I and CRZ-II Areas

Importantly, the GR allows redevelopment in environmentally sensitive areas:

  • CRZ-I and CRZ-II structures may be included in cluster redevelopment

  • Rehabilitation may be done in-situ or within a 5-km radius, subject to CRZ norms

This expands the redevelopment scope but will require strict environmental scrutiny under CRZ Notification, 2019.

Role of Slum Rehabilitation Authority (SRA)

The SRA is designated as the nodal agency, responsible for:

  • Identifying eligible clusters

  • Preparing proposals

  • Seeking approval from HPC

  • Monitoring developer compliance

  • Ensuring rehabilitation is delivered as per DCPR 2034

SRA will have enhanced powers to integrate government land, private land, and multi-storey buildings within designated cluster zones.

Treatment of Ongoing SRA Projects

The GR addresses concerns about existing slum rehabilitation projects:

  • Existing buildings with occupancy certificates may be retained, reconstructed, or demolished

  • Developers must deposit rental compensation for displaced slum dwellers with SRA

  • Phased implementation is permitted

This ensures ongoing projects can be streamlined into larger cluster redevelopments without legal ambiguity.

Participation of Private Developers

Private developers can participate through:

  1. Public-Private Partnership (PPP)

  2. Open tendering by public authorities

Developers who already own 40% or more of the cluster area will receive preferential consideration, subject to HPC approval.

Developers must independently obtain development rights for existing multi-storey buildings, especially in non-slum sections of the cluster.

Statutes and Legal Framework Applicable

The policy intersects with several statutes and regulations:

1. Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971

  • Governs identification, declaration, and redevelopment of slum areas

  • SRA derives statutory authority from this Act

  • Consent requirement historically emerged under schemes framed under this Act

2. Development Control and Promotion Regulations (DCPR), 2034

  • Regulation 33(10): Slum Rehabilitation Scheme

  • Regulation 33(11): Cluster Redevelopment Scheme

  • Specifies FSI, height, rehabilitation norms, and infrastructure obligations

3. Coastal Regulation Zone (CRZ) Notification, 2019

  • Redevelopment in CRZ-I and CRZ-II requires environmental clearance

  • Restricts new construction in ecologically sensitive zones

4. Maharashtra Regional and Town Planning (MRTP) Act, 1966

  • Governs urban planning, land-use zoning, DP preparation

  • Cluster planning must align with Development Plan

5. Constitutional Provisions

  • Article 21: Right to life includes right to adequate housing (as per Supreme Court decisions)

  • Article 14: Ensures non-arbitrariness in State action

  • Article 300A: Protection of property rights of non-slum structures within the cluster

Relevant Judicial Precedents

1. Olga Tellis v. Bombay Municipal Corporation (1985)

  • SC held that slum dwellers have a right to livelihood under Article 21

  • Impacts how rehabilitation is structured

2. Bombay HC: Janhit Manch v. State of Maharashtra (2012)

  • Upheld validity of slum rehabilitation schemes

  • Emphasised need for transparency and fairness

3. Supreme Court in Maharashtra Chamber of Housing Industry v. State of Maharashtra (2012)

  • Recognised redevelopment as a public purpose

  • Directed State to balance development with rights of occupants

4. Federation of Slum Dwellers Association Cases

  • Courts have held that displacement must be accompanied by adequate rehabilitation

These judgments will shape interpretation of the new policy, especially where consent is removed.

Conclusion: A Transformative Yet Controversial Reform

The new GR represents one of Maharashtra’s most ambitious attempts to fast-track slum redevelopment by:

  • Removing consent requirements

  • Integrating government and private lands

  • Allowing redevelopment in CRZ zones

  • Consolidating multiple SRA schemes into unified clusters

  • Giving SRA and HPC strong decision-making power

While the policy promises speed and scale, it may face constitutional scrutiny—especially regarding consent, rehabilitation safeguards, and environmental compliance.

The success of this reform will depend on transparent implementation, fair rehabilitation, and strict monitoring of developer obligations.


Location: Pune, Maharashtra, India

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