Mumbai: Considering that there was a seriously disputed question of facts, Bombay High Court 150. directed around slum dweller In Jogeshwari East To vacate its existing structure in two weeks from the plot earmarked for the Metro 6 rail project.
metro line 6 is from Swami Samarth Nagar–JVLR–SEEPZ–Kanjurmarg–Vikhroli (EEH) Metro Rail Corridor.
HC dismisses a plea filed by slum dwellers in 2019, who sought directions Mumbai Metropolitan Region Development Authority [MMRDA] To determine whether its slums are on the land earmarked for the construction of the Metro 6 line. Through advocate Aditi Saxena, he claimed to be Project Affected Persons (PAPs) living in slums along Jogeshwari railway station on the east side and also sought orders to include slum-dwellers in the baseline survey of the metro project. -Off date “Not complied with at all by MMRDA”.
The MMRDA, through advocate Akshay Shinde, disputed that there were slums on the land when the baseline survey was conducted and that the 27 structures in the survey would be offered permanent alternative housing. The MMRDA clarified that since slums could not be found in the affected area, it was not possible to include them, while the petitioners contend that the structures are still available today.
A bench of Justices RD Dhanuka and MG Sevlikar, which heard the matter, said the question arises whether the petitioners were present at the time of survey by the MMRDA or were created later.
Saxena pointed to two maps to make his stand, while Shinde said that since a baseline survey was done for the Metro 6 line or not, no structures were available. They submitted that since no structure was available as per the petitioners on the land required for Metro 6 when the survey was conducted, they are not entitled to any relief in this petition.
Shinde said that an agency appointed by MMRDA to conduct the survey started a baseline survey of the area of Subhash Nagar affected by the alignment of the said slums in the survey conducted by MMRDA. Metro Line 6 from March 19, 2019 and the said survey was completed on June 8, 2019. Based on the survey, 27 structures were found and they will be rehabilitated.
The HC also heard Dhriti Kapadia for BMC, Hemant Haryan for State and Chetan Agarwal for Railways. Agarwal said that the railways is “not concerned with the issue whether the petitioners have prepared their structure before or after conducting the survey.”
Saxena said that the MMRDA cannot rely on “drone survey” to decide the eligibility of the petitioners and thus it would be in the interest of justice if this Court allows MMRDA to conduct a fresh survey and ascertain the present status of the structures. gives instructions. Land earmarked for Metro 6 project.
The HC in its order on June 27, however, said that Saxena “could not demonstrate before this court that the map relied upon by the petitioners would indicate the number of structures claimed by the petitioners.”
“When the survey is completed, there will be a cut-off date for the purpose of eligibility,” said Shinde for MMRDA.
The HC said, “In our view, there are serious disputed questions of facts included in this petition. It is not possible to ascertain the veracity of the allegations made in the petition whether the residents of these slums already have their respective structures and these Whether the structures were in existence on the date of conducting the survey by the MMRDA.” The High Court added that “to verify every document submitted by the petitioners and accompanying maps attached by the parties in support of their rival arguments and to ascertain that It was not expected to ascertain whether these structures were in existence at the time of MMRDA’s take off. Outside the survey, their names were not wrongly included in the list of structures on the date of survey.