Mumbai Cuffe Parade Slum Development Project Gets HC Nod
In a relief to the Shapoorji Pallonji Group, the Bombay high court has cleared the way for its subsidiary to carry out a slum rehabilitation project in about 113,321.54 square meters in the Cuffe Parade area near the World Trade Centre in South Mumbai.
The Court observed that the slum dwellers have been waiting for rehabilitation since over two decades and such schemes are implemented to mitigate the hardship of the slum dwellers and they should not be casually set aside by the writ courts only on technical grounds unless a case of gross illegalities or failure of justice is made out.
The court observed that the petitioners’ proposal was only for 7252 sq. meters, approximately 6.4% of land earmarked by Precaution for the redevelopment project. No alternative is presented before us by the petitioners for the entire land. The court further held that there was no merit in the objections with regards to the financial capacity of Precaution. Because the circular has only clarified the position which was never prohibited, it cannot be said that the stipulation was brought into force on the date of the circular, i.e. January 2, 2017 and that there was earlier an embargo on considering the financial capacity of the holding company. Therefore no challenge can be raised on the ground that it cannot be made applicable to the pending applications.