MUMBAI: Concerned that its orders are being “routinely” ignored, Bombay high court recently came down heavily on Slum Rehabilitation Authority (SRA) for delaying a survey of eligible persons on land at Kanjur village, Bhandup West, for a slum rehabilitation project. It said if SRA officers are unable to perform their job, “they should go”.
Justices Mahesh Sonak and Kamal Khata on Sept 11 directed SRA to file a detailed affidavit explaining the reasons why no survey has been conducted despite HC’s Nov 18, 2022, order to finish it within six months. They said SRA must explain the “apparent inaction” between Nov 18, 2022, and March 2024—when it claimed to have tried conducting a survey—and “also [name] the officer/s responsible for this inaction”.
Submitting SRA’s affidavit, its advocate, Simantini Mohite, said an attempt was made to conduct a survey in March but slumdwellers thwarted it and that police protection had been inadequate.
HC frowned at this. “Let us not mince words. If you want to do something… but you are unable to do it, then your officers are unfit to hold this post. They should go… You have accepted you are unable to do anything. You are able to receive your salary. You are able to receive your promotions, your increment, your leave, your official accommodation, your car. All that you are able to. But for what you are appointed ‘that I can’t do’,” said Justice Sonak.
In the order, HC noted that Mohite, on instructions of SRA officials present, virtually pleaded helplessness. “…no party, much less a statutory authority, can plead helplessness when it comes to compliance with court orders,” it said.
Mohite said the situation was peculiar as it involved around 200 slumdwellers. Justice Sonak said, “But now this (its orders being ignored) is routine. If it were peculiar, then we would have rejoiced… ‘ok, in one case, it has happened’.” The judges said it wasn’t just in this matter and that HC’s orders get ignored “day after day”. “There has to be a stop to this. And we have to bring this to a stop and we are going to bring it,” said Justice Khata.
The contempt petition was filed by UVK Construction, the developer who purchased the land from its original owner in 2017. The judges noted that since then, it has been pursuing SRA for a survey and the authority had even accepted the fees. The developer’s advocates, Shashikant Surana and Madhur Surana, said orders were also passed by the additional collector and the apex grievance redressal committee to complete the survey.
The judges said SRA did nothing for several years or even between Nov 2022 and March this year, and didn’t have the courtesy to apply for an extension of time. They directed the survey to be completed within four weeks and told the DCP (operations), Bhandup, to provide adequate police protection.
