Maharashtra SRA to notify private landowners before slum declaration, offers 30-day hearing

The Slum Rehabilitation Authority has issued a new notification requiring it to serve written notice to private landowners and grant a 30-day window for objections before declaring their land a slum area. This follows court directives and aims to improve transparency and fairness in slum rehabilitat

MUMBAI: The Slum Rehabilitation Authority (SRA) will now issue written notices to private landowners and allow them to raise objections at a personal hearing before declaring their properties as slum areas for rehabilitation schemes. Under a notification issued by SRA CEO Mahindra Kalyankar, landowners will receive 30 days to respond and may request a hearing with the CEO during that period. A public notice will also be published.

Previously, the SRA would simply issue a notification if a private land was deemed a slum, with no prior consultation with the owner. The change follows a Bombay High Court directive last year asking the SRA to explain how privately owned land could be declared a slum under the Slum Rehabilitation Act solely because an adjoining plot had been so declared. The Supreme Court later upheld a High Court judgment affirming that the law gives the landlord a preferential right to redevelop the slum area.

“It is considered necessary, in the interest of natural justice, fairness and transparency, to ensure that private landowners are duly informed and heard before any declaration under Section 3C is issued,” Mr Kalyankar said in the notification. The SRA noted that many slums in Mumbai exist on both private and public lands, and that previous declarations under Section 4 of the Act had been made without directly notifying private owners.

An SRA official said the new notification removes the deemed provision and gives landowners a say in the rehabilitation process. “There were HC orders also directing that private slum landowners be given a say and they will be involved or aware of the slum rehabilitation plan,” the official added.

Slumdwellers occupying structures that existed as of 1 Jan 2000 are entitled to free rehabilitation, while those in structures that came up between 1 Jan 2000 and 1 Jan 2011 can be rehabilitated subject to payment of a premium, officials said.