For over three decades, 800 slum dwellers of Om Namo Sujlam Suflam Co-operative Housing Society have fought builders, promoters and even the society's officebearers to retain the 23018.5 square metre land they own in the heart of Mumbai.
The land, located in Santacruz (East) and once owneed by a Parsi Trust, was handed over to them in 1985. The slum dwellers then formed a society and decided to develop their land to have a decent roof over their heads. They entered into an agreement with Susme Builders Pvt Ltd. However, no work was done. Susme blamed it on the repeated PILs filed in the Bombay High Court.
Then began the several rounds of litigation spread over the next 30 years.
“A dream turned into a nightmare. The dream of over 800 slum dwellers who also happen to be owners of the land of having a permanent roof over their head has not turned into reality for more than three decades,” a Supreme Court Bench of Justices Madan B. Lokur and Deepak Gupta observed in their judgment on Monday.
The apex court called the slumdwellers' case “unique”. “This is a unique case where the slum is owned by the Society of which the slum dwellers themselves are the members,” Justice Gupta, who authored the 86-page judgment, said.
The judgment described the graphic photographs which showed the sordid conditions in which the slum dwellers continue to reside despite having entered into an agreement with Susme more than 30 years ago for rehabilitation and proper accommodation.
The apex court denied Susme any relief, saying the builder treated the slum dwellers “only as a means of making money”. The court also agreed with its own expert panel led by former SC judge, Justice B.N. Srikrishna that neither Susme nor J.G. Developers, another builders who later came into the picture in the slum rehabilitation project, enjoyed required support of atleast 70% of the slumdwellers to go ahead with the work.
The court also held that the Slum Redevelopment Authority (SRA) did have the power to revoke the permission granted to Susme.
Issuing a slew of guidelines, the court directed the SRA to step in and spearhead a time-bound project to complete the work for the slumdwellers. The court also directed the authority to invite fresh letters of interest from renowned builders/developers.
The SRA would sift through the letters of interest from builders and choose the best offer while ensuring that the terms offered to the slum dwellers are in no manner disadvantageous to them.
“The successful developer should undertake to complete the rehabilitation of part of the project to rehabilitate all eligible occupiers/slumdwellers within a period of two years from the date of sanction of the plan. The successful bidder must give a bank guarantee of ₹200,00,00,000/- (Rupees Two Hundred crores only) to ensure that it does not violate the terms and conditions of the rehabilitation scheme,” the court directed.
