Bombay High Court has set aside a road line sanctioned by the Brihanmumbai Municipal Corporation (BMC) through a plot already under development as part of a Slum Rehabilitation Scheme (SRS). The court observed a clear failure of due process and non-application of mind by the Slum Rehabilitation Authority (SRA), which had earlier greenlighted the construction.
The plot, owned and being developed under a sanctioned SRS, was earmarked for a 13.4-metre-wide public road by the civic body. The decision was based on a no-objection certificate provided by SRA without informing the affected developer. The civic plan disrupted two already sanctioned and partially built residential structures. The petitioner, a private construction company, challenged the road line, arguing they were neither consulted nor given an opportunity to present their case. The High Court bench ruled that even if the law does not explicitly mandate a hearing, the principles of natural justice apply when the civil rights of a party are at stake. It called the move by SRA and BMC a clear instance of administrative overreach that undermines the rights of developers engaged in legitimate urban rehabilitation work.
Urban development officials admitted that SRA had asked BMC to re-evaluate the decision after objections were raised. However, the matter remained unresolved until the judiciary’s intervention. The court directed both BMC and SRA to review the road line proposal afresh, giving all stakeholders a fair hearing. A revised decision must be taken by August 11, 2025. The case has broader implications for Mumbai’s redevelopment ecosystem. As the city attempts to upgrade its infrastructure and civic amenities, the judgment reiterates the need for inclusive, transparent planning, particularly in dense urban zones undergoing slum rehabilitation. This ruling sets a precedent to ensure that civic agencies align infrastructure proposals with ongoing housing efforts, respecting all prior approvals and stakeholder rights.
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