The Bombay High Court has admonished the Brihanmumbai Municipal Corporation (BMC) for its failure to provide either rent or alternative accommodation to Project Affected Persons (PAPs). This development underscores the court’s stance that even the wealthiest civic authority in the country cannot operate with impunity and disregard towards affected individuals.
A division bench comprising Justices Mahesh S Sonak and Kamal R Khata recently passed a directive in response to a plea by Mohammed Javed Shaikh. Shaikh’s residence was demolished in November 2017 as part of the Tansa pipeline project, rendering him eligible for PAP benefits. However, he has yet to receive either alternative accommodation or any form of compensation or rent. Representing Shaikh, Senior Advocate highlighted the plight of his client, who was pressured to accept Permanent Alternate Accommodation (PAA) in Mahul. Shaikh refused this option due to the area’s poor air quality, which had been declared “unfit for human habitation” by a 2019 High Court order citing severe air pollution issues. The advocate further pointed out that while the BMC is in the process of acquiring new tenements, there is a significant shortage, and the civic body has not provided a clear timeline for when these accommodations will be available to the petitioner.
The bench observed that the only distinction between Shaikh and other eligible persons was that while others had moved to Mahul, Shaikh had not. The court noted, “Considering that the National Green Tribunal (NGT) has also accepted the poor air quality at Mahul, no discrimination can be practised based on such a circumstance.” Criticising the BMC, the court remarked, “The BMC, after having demolished the petitioner’s house in November 2017 and adjudged the petitioner eligible to receive permanent alternate accommodation, cannot treat this matter so casually. The BMC is unable to specify when it would allocate permanent alternate accommodation and, at the same time, is resisting payment of compensation or rent in lieu of accommodation.” The court emphasised that as the richest municipal corporation in India, the BMC must act with responsibility and empathy. The court granted ad-interim relief to Shaikh by directing the civic body to pay him Rs 10,000 per month and scheduled further hearings on his plea for July 29.
