KALAWATI BHIMRAO Vs. CHIEF SECRETARY OF THE GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) Petitioners, who claim to be allotteeslessees of land for setting up commercial shops in Government Colony, Bandra (East), Mumbai, have filed these Petitions seeking their rehabilitation on account of demotion of their structures for transfer of the land by the State Government for construction of High Court building. Petitioners are demanding grant of alternate commercial premises of sizes equivalent to area in their respective occupation, within the project of redevelopment of the Government colony at Bandra. Though at the time of filing of the Petitions, cases of Petitioners were not being considered for allotment of any alternate premises, during pendency of the Petitions, they participated in the process for decision of their eligibility for implementation of Slum Rehabilitation Scheme and they have been held eligible for rehabilitation. They would accordingly secure permanent alternate commercial premises on ownership basis of about 225 sq. ft. each. Having secured right of allotment of commercial premises of about 225 sq. ft each, Petitioners now contend that they be treated differently than slum dwellers and be granted alternate premises of sizes equivalent to the size of their demolished structures within the Bandra Government Colony. Petitioners have accordingly sought prayers for decision of their representations dtd. 19/5/2025 and 17/7/2025, for allotment of alternate commercial premises of equivalent sizes and for framing of a policy for grant of alternative commercial premises in the commercial shops earmarked pursuant to the policy dtd. 8/2/2023.

(2.) Petitioners claim to be lessees in respect of open spaces at Government Colony, Bandra, Mumbai. According to Petitioners as many as 157 allotments were made for setting up shops within Government Colony, Bandra by the State Government, by execution of lease agreements with the allottees. In their Petitions, Petitioners have pleaded details of allotments made in their respective cases. The details in respect of allotments made in respect of structures involved in each Petition are as under

(3.) This is how the Petitioners claim leasehold rights in respect of the land and structures in their occupation. It appears that some of the premises allotted in Government Colony, Bandra (East) were transferred under administrative control of Revenue and Forest Department through Collector, Mumbai Suburban District, whereas some premises remained under the administrative control of Public Works Department (PWD). By Government Resolution dtd. 3/6/1983, the administrative control in respect of all the premises was brought under General Administrative Department (GAD). Petitioners rely upon letter dtd. 1/8/2017 issued by the GAD to Executive Engineer, PWD conveying that the proposal for renewal of leases in respect of the commercial unit occupiers was under consideration of the State Government and till final decision was taken, eviction action should not be initiated only on the ground of expiry of tenure of lease.