Posts

Showing posts with the label Right to Shelter

Twice-Displaced Jai Bhim Nagar Residents Seek Recall of Bombay High Court Eviction Order: Legal Questions on Slum Rehabilitation, Due Process, and Right to Shelter

Image
1. Introduction A significant legal contest concerning the rights of slum dwellers, urban rehabilitation policy, and constitutional protections for shelter has emerged before the Bombay High Court. Over 100 families residing on the footpath outside Beaumont HFSI Pre-Primary School and Podar School in Powai, Mumbai , have approached the High Court seeking a recall of its earlier eviction order dated February 13 directing the Brihanmumbai Municipal Corporation (BMC) to remove their hutments. The residents contend that they are not fresh encroachers , but displaced inhabitants of Jai Bhim Nagar , whose original homes were demolished by the municipal authorities in June 2024 . According to them, enforcing the February 13 order without hearing them would amount to violation of constitutional safeguards and rehabilitation policies for slum dwellers . The dispute raises several crucial legal questions: What procedural safeguards apply before evicting slum residents? Do displaced residents h...

HC Slams Maharashtra Government for “Gross Abuse of Power” in Borivali Slum Rehabilitation Case

Image
Introduction In a strong indictment of executive overreach, the Bombay High Court has stayed the Maharashtra Housing Department’s decision appointing a new developer for a long-stalled slum rehabilitation project in Borivali East , terming the move a “gross abuse of power” and a clear violation of binding judicial orders . The Court warned that such actions undermine the authority of constitutional courts and render judicial pronouncements meaningless. The ruling raises serious concerns about rule of law, administrative arbitrariness, and the erosion of housing rights of slum dwellers . Background of the Borivali Slum Rehabilitation Project The dispute relates to the redevelopment of slum land occupied by members of Haribar Krupa Co-operative Housing Society Ltd., Borivali East . Key facts include: • In 2003 , Yash Developers was appointed as the project developer through a development agreement dated 20 August 2003 • Despite nearly 18 years , the project failed to commence • The la...