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The Slum Redevelopment Authority (SRA) has announced a new initiative to acquire privately-owned slum-encumbered plots that have been designated for public amenities under the Development Control and Promotion Regulations 2034 (DCPR-2034). This move comes after previous controversies surrounding the acquisition of slum-encumbered plots by the Brihanmumbai Municipal Corporation (BMC).
In one instance, three years ago, the BMC purchased a slum-encumbered plot in Dahisar for Rs 349 crore, despite its original value being estimated at only Rs 54 crore due to encroachments. This led BJP leader Kirit Somaiya to file a police complaint against the BMC, questioning the acquisition of a plot that had already been declared a slum.
Similar complications arose with two other plots, for which the BMC had initiated the acquisition process under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR-2013). However, in November 2022, the BMC instructed the collector to halt the acquisition, as these plots were later categorized as slums. The BMC then directed the Slum Redevelopment Authority (SRA) to acquire these plots under the Slum Act.
The case regarding the acquisition of the two plots owned by Jyoti Balkrishna Shah and Hind Welfare Society was brought before the Bombay High Court. The petitioners had requested the court to instruct the BMC to acquire their plots under the LARR-2013, considering that the acquisition process had already been initiated. The BMC argued that the plots had been deemed slums under the Slum Act and therefore, the responsibility for acquisition fell on the SRA. The Bombay High Court directed the additional chief secretary of the urban development department (UDD) to hold a hearing and make a decision on the matter.
The BMC asserted that once an area is declared a slum under Section 3c of the Slum Act, the SRA becomes the planning authority, and it is no longer the obligation of the BMC to acquire the plot. Instead, the acquisition process should be carried out by the SRA under the Slum Act. The SRA agreed with this interpretation, stating that the acquisition could be conducted under Section 41 of the Slum Act.
Supporting the BMC's position, Bhushan Gagarani, the additional chief secretary of the UDD, stated that if the BMC had already initiated the acquisition process under the LARR Act 2013, they should examine the provisions of the Act and proceed accordingly, while informing the petitioners of the developments.
SRA officials are currently awaiting the appointment of a nodal officer by the BMC, who will be responsible for identifying all slum-encumbered private plots reserved for public amenities. This appointment will facilitate the acquisition of these designated plots, according to the officials.
Once the SRA acquires a plot, they require the slum dwellers to form a cooperative society and appoint a developer to carry out the rehabilitation process. The developer is obligated to pay 25% of the Ready Reckoner Rate as a premium for the plot and provide a certain number of tenements to the SRA for project-affected individuals. The plot is then developed in a 65:35 ratio, with 65% allocated for slum redevelopment and 35% designated as a public amenity.
With the SRA taking on the responsibility of acquiring slum-encumbered plots, it is expected that the process will be more streamlined and aligned with the regulations outlined in the Slum Act. This will likely lead to a more efficient and effective approach to slum redevelopment, benefiting both the slum dwellers and the broader community through the provision of improved public amenities.
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