Bombay HC suspends MBPT’s 12-hour eviction rule
Mumbai: In an immediate relief to residents of a slum located near Sewri Fort, the Bombay High Court suspended Bye-law 9 of the Mumbai Port Trust (MBPT), which mandates giving only 12 hours’ notice before imposing demolition orders. Is necessary. MBPT had served eviction notices to 48 slum residents. Interestingly, the notice was issued on October 30, but residents received it on November 2.
Further, a division bench of Justice Gautam Patel and Justice Kamal Khata weakened the provision by saying that if the MBPT passes an order for removal of a structure under the bye-law, the same will not be implemented for a week from the date of the order. The concerned persons are informed.
Considering the seriousness of the matter, HC took it up for hearing
Saying that they were “sought to be removed without following the principles of natural justice”, the slum residents took legal recourse against the notice. Considering the seriousness of the matter, the HC took up the issue even before the petition was filed in the registry. Advocates Prerak Chaudhary and Tushar Awasthi, representing the slum dwellers, apprised the court of the concerns. Stating that they have been living at this place for the last 30-40 years, the victim further said that they will become homeless if they are not given an opportunity of hearing.
Slum Rehabilitation Authority Survey
He also informed that a survey was conducted by the Slum Rehabilitation Authority, which recognized the dwellings as “censed slums”. (Censed means those slums which are situated on the land of the Government, any Government undertaking or corporation and are included in the records of the land-owning authority, whose census has been conducted before 1 January 1995 and 1 January 2000).
Suspending the order on November 2, the HC said it was necessary to give a fair opportunity to the 48 relief seekers and they should not be left at the “mercy” of some MBPT officials.
“It is in the interest of the courts of equity that the parties who are affected have a fair opportunity to approach the court,” the bench underlined. It had also given the slum dwellers time to file petitions till November 3.
