The Bombay High Court has intervened in a simmering conflict over a prime piece of land in Mumbai's Khar West area, directing the formation of a high-powered committee to find a resolution. The dispute pits the traditional rights of the indigenous Koli fishing community against a slum rehabilitation scheme being implemented on the same government land.
A Committee for Resolution
A division bench of Justices Girish Kulkarni and Aarti Sathe on Wednesday established a three-member panel to break the deadlock. The committee comprises the additional principal secretary of the urban development department, the collector (suburbs), and the CEO of the Slum Rehabilitation Authority (SRA). The judges mandated that this committee must hear both parties, consider a fresh demarcation of the land, and pay special attention to the traditional rights of the Koli petitioners.
The court gave the committee a strict timeline, ordering it to meet the concerned parties and conduct a site visit within the next ten days. The panel has been instructed to pass appropriate orders considering the rights of both sides by January 10, 2024. Until a final demarcation is made and an order passed, the court has prohibited any coercive action against the land currently used by the Koli community.
Clash of Rights: Tradition vs. Redevelopment
The heart of the conflict lies in a parcel of land at Danda Koliwada, Khar West. A part of this land has been traditionally used by the Koli community for generations to dry fish and fishing nets. However, this same land is now part of a slum rehabilitation scheme being developed by Hanuman Nagar Shubh Shanti CHSL, a society of slum dwellers, through Jasani Realty Pvt Ltd.
Two Koli societies approached the High Court, objecting that the developer had encroached upon approximately 1,500 square meters of land reserved for fish drying in the official development plan. The petitioners' advocate, Senior advocate Gayatri Singh, argued that proper demarcation had not occurred, and even if it had, her clients were not notified. Lawyers for the developer and the society contested these claims.
State Government's Obligation
The High Court bench emphasized that resolving this impasse is the direct responsibility of the state government, which owns the land. The judges stated it is "imperative" and an "obligation" for the government to settle such issues, not just for the slum scheme but as a landlord. "It cannot be that the owner of the land, state govt, is oblivious to what is happening to its prime land," they remarked.
The court framed the dispute as one of demarcation and the potential impact of slum redevelopment on traditional rights. To protect the Koli community's interests, the court ordered that if the committee's decision is adverse to them, it cannot be implemented for ten days after they are informed, allowing them legal recourse. While disposing of the petitions, the judges granted the petitioners the liberty to approach the court again if necessary.
