Maharashtra Government's Decision To Acquire Land For A Slum Redevelopment Scheme Cancelled By Bombay HC

The Maharashtra government's decision to acquire land for a slum redevelopment scheme was canceled by the Bombay High Court. The court found that the process leading up to the decision appeared to be dishonest. The judges held that the developer and proposed society managed to obtain a court order without the owner's knowledge, through a series of quick legal maneuvers. The court added that even though the owner eventually gave consent, the subsequent actions, such as obtaining a no-objection certificate, could not legitimize the fraudulently obtained consent decree on which the SRA based its decision.

Bharat Patel went to the High Court to stop the State government from taking over his property in Mumbai's suburbs as part of a slum redevelopment plan. In 2015, the SRA asked landowners to explain why the State government should not acquire their land for the project. Patel objected, saying that he planned to develop the land himself and that part of the land was designated as "roads for public access" in the city's development plan. He argued that without removing this designation, no party could propose a scheme, and the owner's consent was needed to change it.

Patel claimed that the SRA falsely informed the State government officials that he did not object to the acquisition proceedings. Instead of addressing his objections, Patel received a notice to pay compensation. In 2016, Patel challenged the acquisition proceedings in court, but the State government issued the acquisition notification without giving him a chance to be heard.

Around the same time, the developer went to the city civil court in Mumbai to get an order that would prevent members of the proposed society from transferring the property to anyone else except the developer. This was so that the developer could develop the property as planned. However, the petitioner owner was not involved in this court proceeding.