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A division bench of the Bombay High court led by Chief Justice S V Gangapurawala and Justice A S Chapalgaonkar decided not to stay or overturn the Bombay Development Directorate's Chawls redevelopment scheme, following a public interest litigation filed by Shirish Patel and Sulakshana Mahajan against the haphazard manner in which the redevelopment of the BDD Chawls in central Mumbai has been proposed. They stated that the scheme as proposed would endanger the health, wellbeing and right to life of residents. The HC however noted that the scheme has all necessary permissions and environmental clearance and as a result there was nothing to show any discrepancy.
A chawl is a one- or two-bedroom apartment in a single row with a common veranda and toilet for residents. At present there are 200 such buildings across the city which are many decades old. The PIL sought to overturn the scheme of the Maharashtra Housing and Area Development Authority (MHADA) to redevelop the buildings, some of which are from colonial times, and thus in dire need of restoration and repair. The court noted in its order that it would only intervene if it was proved that the construction was not in consonance with the rules and regulations of the Development Control Regulations and Rules (DCR), which at present, it is not. The bench also stated that prior to full-fledged construction, a sample flat has been built and exhibited to the officials involved with the project and no objections had been raised with regarding to the quality of construction or planning. The petitioners contended that living in the absence of light, air and density results in the occurrence of tuberculosis. The court found that this provides no basis to show that the contraction activity is in any way flawed. At present it has been deemed that no interference is required as the scheme has obtained all necessary permissions and environmental clearance.
The bench furthermore stated that the those residing in the Chawls are beneficiaries of the project making them tenants and not trespassers or slum dwellers. There are currently 206 Chawls spread across a total area of 92 acres in the city, with nearly half of that number being in Worli. Many of these buildings were built in the 1920s are extremely dilapidated and in urgent need of restoration.
Picture credits: Viator
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