November 5th 2023.
The Bombay High Court recently granted immediate relief to the inhabitants of a slum located near the Sewri Fort. The Mumbai Port Trust (MbPT) had served eviction notices dated October 30, but were only received by the slum dwellers on November 2.
A division bench of Justices Gautam Patel and Kamal Khata suspended the MbPT bye-law 9, which requires only 12 hours notice before a demolition order is implemented. The bench also diluted the provision, allowing one week to pass from the date of communication before the order could be implemented.
The slum inhabitants, who have been living in the area for 30-40 years, took legal recourse against the notice to protect themselves from being rendered homeless. Upon hearing their concerns, the HC took up the issue even before the petition was filed with the registry. The Slum Rehabilitation Authority Survey recognised the dwellings as “censused slums”.
The bench, while suspending the order on November 2, emphasized the need to give the 48 relief-seekers a fair opportunity to approach a court. Justice Patel issued a warning to the Jogeshwari slum-dwellers, threatening them with contempt if they disobey the court's orders.
The Bombay High Court's decision provides temporary reprieve to the slum-dwellers, who are in danger of being evicted from their homes. The inhabitants are now waiting to see how the court will rule on the matter in the coming days.
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