The Bombay High Court has reprimanded the Brihanmumbai Municipal Corporation (BMC) for its negligent handling of housing provisions for project affected persons (PAPs) in Mumbai, highlighting serious lapses in compliance with court orders.
The court’s division bench, comprising Justices Mahesh Sonak and Kamal Khata, expressed dismay over BMC’s failure to provide rent or alternative accommodation to a petitioner since the demolition of their home in November 2017. The petitioner, who refused relocation to Mahul village citing its unsuitability due to air pollution, approached the bench seeking either rent or suitable alternative housing. BMC, in its defense, cited delays in acquiring alternate accommodation and reluctance to comply with the High Court’s directive to pay a monthly rent of INR 15,000, mandated in 2019.
“The BMC’s cavalier approach to the petitioner’s plight, having demolished their home and acknowledged their eligibility for permanent alternative accommodation, is unacceptable,” remarked the bench, underscoring the corporation’s obligation to act responsibly given its significant resources. The High Court further admonished BMC, stating, “As the wealthiest municipal corporation in the country, BMC cannot afford to act arbitrarily and disregard the fundamental rights of citizens under Articles 14 and 21 of the Constitution.” The bench emphasized the urgency of BMC’s response, ordering an interim monthly rent payment of INR 10,000 to the petitioner and demanding a detailed affidavit outlining steps taken towards acquiring and allocating permanent housing for all affected parties.
Acknowledging the broader implications, the bench adjourned the hearing to July 19, instructing BMC to present a comprehensive plan for addressing the housing crisis affecting numerous PAPs across Mumbai. This judicial intervention underscores growing concerns over urban governance and the legal obligations of municipal bodies towards vulnerable populations. The BMC’s handling of this case reflects systemic challenges in urban planning and administration, where infrastructural development often clashes with the rights and welfare of citizens. As Mumbai continues to expand, the efficacy of municipal governance in safeguarding citizen rights and ensuring equitable development remains a critical concern for stakeholders and judicial authorities alike.
