Stay updated with the latest - Click here to follow us on Instagram
The Bombay High Court has observed that having streetlights in the area is not sufficient to rid a place of the slum tag. The observation came earlier this month,when it upheld an order of a tribunal declaring Pallavi Villa alias Desai chawl in Borivali East a slum.
While it is true that there may be streetlights further basic amenities are lacking. Due to congestion,over-crowding and lack of basic amenities,if the authority thought it proper to declare the property as a slum so that improvements can be made in the condition of those residing in the dwelling units,then it will not be proper to substitute that opinion with that of this Court, Justice SC Dharmadhikari observed in a case.
Vijaykumar Sadh had challenged the order of the Maharashtra Slum Areas (Improvement,Clearance and Removal) Tribunal of February 8,2010 that held that the 997.7-sq m plot was a slum and the state government can take steps to improve it. Sadh,who claimed title to the property after his late brother Mahendra Sadh and his family relinquished all rights,had contended the property could not have been declared a slum without notifying him.
He also contended when the number of huts are 29,the population is about 145,there are tar roads,sewerage system and drainage of waste water is also being carried properly,there are water taps and W.C. available so also streetlights,then,for what reason the property has been declared as slum is obvious. He alleged the declaration of the chawl as slum was done at the behest of some illegal tenants who feared eviction. The court,however,observed,There is only one latrine. The drainage is open and the sewerage is not being carried properly. Further,the property has a main road but its interiors have small lanes which are too congested.
The court also turned down the arguments of Sadh related to his right over the property. At no stage has the petitioner appeared on the scene and claimed rights in the property,independent of the family, the court said,adding that the authorities concerned had issued a notice to Mahendra Sadh and Home Patrawala as the record of rights submitted to the court shows that the lessee is Mahendra Sadh.
The owner of the property is F E Dinshaw Charities.
Stay updated with the latest - Click here to follow us on Instagram