Bombay High Court Upholds Maharashtra's Land Acquisition for Dharavi Redevelopment

Court Decision on Land Acquisition

On Thursday, the Bombay High Court rejected a petition that challenged the Maharashtra government's plan to acquire 255 acres of salt pan land in Mumbai. This land is intended for the rehabilitation of individuals impacted by the Dharavi redevelopment initiative, as reported by a local news outlet.

The salt pan land, which is under the ownership of the Union government, is situated in areas such as Bhandup, Kanjurmarg, and Mulund. It is set to be transferred to Adani Realty, a subsidiary of the Adani Group led by Gautam Adani.

Adani Realty is spearheading the Dharavi redevelopment project, which aims to provide rental housing for slum residents who do not qualify for rehabilitation within Dharavi.

In February 2024, the Maharashtra Cabinet had sanctioned a proposal to seek a 99-year lease from the Union government for these land parcels to facilitate the Dharavi project.

The petitioner contested the legality of the state’s decision to utilize the salt pan land for rehabilitating individuals deemed ineligible for the Dharavi project.

The public interest litigation argued that the Maharashtra government's action violated previous Supreme Court and High Court rulings, as the land is classified as wetland where construction is prohibited.

The petitioner further claimed that rehabilitation efforts should not proceed since the land is situated within the coastal regulation zone, which is designated to safeguard the ecosystem, according to another news source.

Representing the Union government, Additional Solicitor General Anil Singh opposed the petition, stating it was filed in a “casual and cavalier manner.”

The Union government maintained that it was essential to rehabilitate those affected by the Dharavi project and that there were no legal restrictions against using salt pan lands for this purpose.

The bench, consisting of Chief Justice Alok Aradhe and Justice Sandeep V Marne, remarked that the petitioner had not conducted adequate research and failed to substantiate the claims made in the petition.

While acknowledging that salt pan lands are regarded as wetlands, the court noted that a policy change by the Union government in 2024 allowed for the transfer of such lands at reduced prices for purposes like slum redevelopment and affordable housing for economically weaker sections and project-affected individuals.

Nonetheless, the bench emphasized that the state government must address environmental concerns during the project's execution.