Bharat Nagar, in Mumbai’s Bandra East near Bandra Kurla Complex, spans over 44 acres, and is divided into 22 societies. According to locals, the redevelopment projects started in 1996, with Shyamkaran Enterprises first taking up the project, followed by HDIL in 2006, and finally the Adani-group promoted Budhpur Buildcon.
Residents have contested the issuing of demolition notices, alleging they are unlawful under sections 33 and 38 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, and that they have been “misattributed” as tenants of a Basera Slum Rehabilitation Authority (SRA) Society, instead of a Maharashtra Housing and Area Development Authority (MHADA)-designated Basera Co-operative Housing Society, which they claim to be registered members of.
The dilemma is whether Bharat Nagar’s residents are eligible for rehabilitation under regulation 33(5) or 33(10) of the Development Control and Promotion Regulations (DCPR), 1991.
If the Bombay high court were to determine that they are MHADA tenants eligible under regulation 33(5), the developer and the authorities (SRA and MHADA) must make sure that they receive larger structures for accommodation.
As per Tariq Khan, a resident who has been handling the majority of legal affairs in this regard, sharing with the media, that demolitions are being done in spite of there being an alleged 2018 gazette (dated May 23, 2018) issued by the urban development department under the Maharashtra Regional and Town Planning Act, 1966 that classified this area as a MHADA layout.
The residents allege that the Adani group has been using its sheer financial and political power to undermine the cancellations of previous Annexures and NOCs (made during the HDIL era) which designated the area under the Slum Rehabilitation Act (SRA) by - issuing bogus photopasses - that are certificates issued to slum dwellers in Maharashtra. This has enabled them to execute demolitions and redevelopment work putting the 3,145 residents who claim their legal tenancy in the same boat as those deemed as encroachers
After the persistent raising of voices, the MHADA has apparently sent a proposal to the government of Maharashtra for the redevelopment of the area to be conducted under sections 33(5), after the homes in the protesting plots of 7, 8, and 9 have been demolished.
