Bombay High Court Directs Rehabilitation Authority to Restore Allotted Premises and Pay Transit Rent to Slum Dweller; Orders Probe into SRA Officers’ Inaction.


08-August-2025 Civil Writ Petition >> Civil & Consumer Law  

In Shakir Ahmad Shah v/s Apex Grievance Redressal Committee & Others, the petitioner, an eligible slum dweller, sought relief under Article 226 of the Constitution after being denied possession of his allotted commercial rehabilitation unit (Shop No. 4, 4th Floor, Building 11, Motilal Nehru Nagar, Bandra-Kurla Complex, Mumbai), despite its occupation certificate being issued in 2013. For nearly 12 years, the tenement was illegally occupied, depriving the petitioner of his legitimate right.

The Slum Rehabilitation Authority (SRA), through counsel, admitted the petitioner’s entitlement and assured that possession would be handed over within one month. The Court accepted this statement and directed compliance.


 

 

On transit rent, the Court noted that no payments had been made since demolition of the petitioner’s premises in 2005. It directed the SRA to quantify arrears and pay the petitioner, utilizing the developer’s security deposit if available, with interest at 6% per annum.

The Court strongly criticized the SRA’s officers, observing that persistent inaction allowed illegal occupation and deprived legitimate allottees of their rights under the Slum Rehabilitation Act and DCR 33(10), amounting to violations of Articles 14, 21, and 300A. It found such illegality possible only with tacit approval of officials and misuse of welfare schemes for private gains.

Consequently, the Court directed the Principal Secretary, Urban Development Department, to conduct an enquiry into the concerned SRA officials’ inaction and initiate action against those responsible. The matter was kept returnable on 8 September 2025 for monitoring compliance.