Bombay High Court
Dharavi Koli Jamat Trust vs State Of Maharashtra Th. The Chief … on 18 April, 2026
Author: M. S. Karnik
Bench: M. S. Karnik, S. M. Modak
2026:BHC-OS:9754-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.12541 OF 2026
Dharavi Koli Jamat Trust
Registration No.E-6074/1975 (Mumbai)
Having its office at Holi Maidan,
Dharavi Koliwada, Mumbai-400 017 ... Petitioner
Versus
1. State of Maharashtra
(Through the Chief Secretary)
Mantralaya, Madame Cama Road,
Mumbai - 400 032
[Respondent No.1 to be served through
through Government Pleader (OS)
High Court at Bombay, Mumbai]
2. Dharavi Redevelopment Project,
Slum Rehabilitation Authority
Gala Altezza, Udyog Nagar, E,
Plot No.17-A, Flank Rd, next to Sri
Shanmukhananda Chandrasekarendra
Saraswathi Auditorium, Sion,
Mumbai - 400 022
3. Municipal Corporation of Greater Mumbai
Mahapalika Head Office, Mahapalika
Marg, Fort, Mumbai - 400 001
4. M/s. Navbharat Mega Developers
Private Limited
having its Registered Office at 601,
Hallmark Business Plaza, Opp. Guru
Nanak Hospital, Bandra (East),
Mumbai - 400 051 .... Respondents
****
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Mr. Ravi R. Gadagkar i/b. Adv. Usha R. Gadagkar, for the
petitioner.
Mr. Milind More, Addl.G.P., for respondent No.1-State.
Adv. Ravleen Sabharwal a/w Adv. Aarushi Yadav, for respondent
No.2.
Adv. Anjali Ghuge a/w Adv. Vaishali Ugale, for respondent No.3-
BMC/MCGM.
Mr. Ravindra Kadam, Senior Advocate a/w Adv. Rati Patni, Adv.
Vikrant Dere i/b. Wadia Ghandy & Co., for respondent No.4.
****
CORAM : M. S. KARNIK &
S. M. MODAK, JJ.
DATE : 18th APRIL, 2026
JUDGMENT (PER M. S. KARNIK, J.) :
1. This petition under Article 226 of the Constitution of
India seeks the following substantive reliefs :-
“(b) that this Hon’ble Court be pleased to exercise the
jurisdiction vested under Article 226 of the Constitution of
India and be pleased to issue a writ of Certiorari or writ in the
nature of Certiorari or any other writ order or directions to the
Respondent Nos.1 to 3 to produce the all the records, files,
papers and documents in respect of determination,
demarcation and finalisation of the outer boundaries of
Dharavi Koliwada and after going through the validity, legality
and correctness thereof hold and declare there has been
inordinate delay and failure on the part of officials/authorities
of the Urban Development, City Survey, Revenue & Forest and
Fisheries Departments of Respondent No.1 and Respondent
Nos.2 and 3 in discharging their official duty to demarcate and
finalise of the outer boundaries of Dharavi Koliwada;
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(c) that this Hon'ble Court be pleased to exercise the
Jurisdiction vested in under Article 26 of the Constitution of
India and be pleased to issue a writ of Mandamus or writ in
the nature of Mandamus or any other writ order or directions
to the concerned officials/authorities of Respondent Nos.1 to 3
to determine, demarcate and finalise of the outer boundaries
of Dharavi Koliwada expeditiously;
(d) that this Hon’ble Court be pleased to exercise the
jurisdiction vested in under Article 226 of the Constitution of
India and be pleased to issue a writ of Mandamus or writ in
the nature of Mandamus or any other writ order or directions
to the concerned officials/authorities of Respondent Nos.1 to 3
to direct Respondent No.4 restrict implementation of the
Dharavi Redevelopment Project only to the extent the area of
which Plans of which are approved and sanctioned by the
Notification dated 3rd March, 2016;
(e) that this Hon’ble Court be pleased to exercise the
jurisdiction vested in under Article 226 of the Constitution of
India and be pleased to issue a writ of Mandamus or writ in
the nature of Mandamus or any other writ order or directions
to direct concerned officials/authorities of Respondent Nos.1
to 3 not to allow Respondent No.4 to implement the Dharavi
Redevelopment Project on any part of the 2,00,830 square
meters of land/area inspected and measured on 15th
November, 2018, by concerned officials of the Fisheries and
City Land Survey Departments of Respondent No.1, as forming
Dharavi Koliwada;
(f) that this Hon’ble Court be pleased to exercise the
jurisdiction vested in under Article 226 of the Constitution of
India and be pleased to hold and declare that Respondent
No.4 is not entitled to implement the Dharavi Redevelopment
Project on any part of the 2,00,830 square meters of land/area
(Exhibit- “F-1”) inspected and measured on 15 th November,
2018, by the concerned officials of the Fisheries and City Land
Survey Departments of Respondent No.1, as forming Dharavi3
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(g) that this Hon’ble Court be pleased to exercise the
jurisdiction vested in under Article 226 of the Constitution of
India and be pleased to hold and declare that the action of
Respondent No.4 implementing Dharavi Rehabilitation Project
of any part of the 2,00,830 square meters of land/area
(Exhibit- “F-1”) inspected and measured on 15 th November,
2018, by the concerned officials of the Fisheries and City Land
Survey Departments of Respondent No.1, as forming Dharavi
Koliwada, is illegal, invalid, bad-in-law and ab initio void and
violates Regulation 33(16) of DCPR-2034;
(h) that this Hon’ble Court be pleased to exercise the
jurisdiction vested in under Article 226 of the Constitution of
India and be pleased to direct Respondent No.4 to forthwith
remove all the barricades and corrugated tin sheets erected on
lands, buildings and structures by Respondent No.4 on all such
parts of the 2,00,830 square meters of land/area (Exhibit-
“F-1″).”
2. The facts of the case are stated hereafter. The petitioner,
the Dharavi Koli Jamat Trust is a Public Trust of fisherfolk of
Dharavi registered under the Maharashtra Public Trust Act, 1950.
The respondent No.2 is the Dharavi Redevelopment Project
(“DRP”, for short) being implemented by the Slum Rehabilitation
Authority (“SRA”, for short), an authority constituted under the
Maharashtra Slum (Clearance, Improvement and Rehabilitation),
Act, 1971 (“Slum Act“, for short). Respondent No.4 is a private
limited company constituted under the Companies Act, 2013, a
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Special Purpose Vehicle (SPV) constituted and formed for the
redevelopment and implementation of DRP.
3. The grievance of the petitioner is that there is inaction
and inordinate delay of about 15 years on the part of the
concerned authorities of the Revenue and Forest Department and
the Urban Development Department of the State of Maharashtra in
ascertaining, determining, demarcating and finalising the outer
boundary of Dharavi Koliwada. The petitioner wants this area to
be excluded from the DRP and incorporate such excluded area as
Koliwada in the Development Plan for Greater Mumbai-2034. The
petitioner says that there has been illegal handing over of the
lands and buildings/structures standing thereon in the Dharavi
Koliwada by the allottee/s housing societies of employees of
Government Railway Police (GRP), Mahanagar Telephone Nigam
Limited (MTNL), Brihanmumbai Municipal Corporation (BMC),
Bombay Electric Supply and Transport (BEST), Oil and Natural
Gas Corporation Ltd. (ONGC) and M/s. Adani Electricity Mumbai
Limited (AEML) (“Buildings”, for short) to Respondent No.4. It is
the case of the petitioner that the Respondent No.4, in an
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arbitrary, high-handed, unauthorized and illegal manner, is taking
possession of such lands/buildings/structures in Dharavi Koliwada,
further barricading and erecting corrugated tin sheets without the
concerned authorities first ascertaining, determining and
demarcating the boundary of Dharavi Koliwada to exclude such
area of Dharavi Koliwada from the DRP and to incorporate the
same in the Development Plan-2034 as Koliwada.
4. Learned counsel for the petitioner submitted that the
petitioner-Trust was formed by the local fisherfolk (Kolis) of
Dharavi for the welfare of its members who have been
continuously engaged in fishing and allied activities. It is
submitted that the fisherfolk have been holding/celebrating social,
cultural and religious functions/events in Dharavi Koliwada for
several centuries even prior to the enactment of the Bombay
Municipal Corporation Act, the Maharashtra Regional and Town
Planning Act (“MRTP Act”, for short) and the Slum Act. The Kolis
for centuries have predominantly depended upon and continue to
depend upon fishing as their source of livelihood.
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5. Learned counsel for the petitioner submitted that Dharavi
Koliwada amongst other Koliwadas, i.e. Colaba, Girgaon, Sewri,
Worli, Mahim and Sion, is one of the seven Koliwadas located at
the northernmost edge of the island city of Mumbai and the Koli
residents thereof hold legally recognised ownership titles over the
lands traditionally owned/occupied by them. It is submitted that
over the last several years, extensive slum settlements have
mushroomed in and around the areas surrounding Dharavi
Koliwada, resulting in Dharavi being widely identified as one of
the largest slum agglomerations in the world.
6. According to the learned counsel for the petitioner, by
Resolution No. 32 dated 26th October, 1920 of the erstwhile
Bombay Improvement Trust, the area for the Dharavi Street
Scheme, being Scheme No.56, was recorded as 26,79,051 square
yards. After deducting the area for roads and open spaces, the
total area of the said Dharavi Street Scheme was determined as
19,01,394 square yards. The then Government of Bombay vide its
Order No.1020 dated 28th January, 1921, inter alia, referring to
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Government Order, General Department No.10201 dated 28th
November, 1919, revised the estimates of costs for Acquisition and
Works mentioned therein.
7. Learned counsel for the petitioner was at pains to point
out that there is an anomalous situation viz. only the
houses/residences of the fisherfolk have been excluded from the
DRP established for slum rehabilitation scheme for Dharavi
Notified Area (“DNA”, for short) and certain portion of land as
well as dwelling structures/buildings of the Kolis of Dharavi
Koliwada, viz. fish and net drying land; Holi Maidan; Khambhadev
Temple and its peripheral ground/area; 3 churches i.e. St. Anthony
Church, Pentecost Church and Methodist Karnad Church;
Cemetery; Crematorium and open land/spaces (extended land)
traditionally being used by the fisherfolk at Dharavi Koliwada for
religious, cultural and festival activities for several decades and
several houses of fisherfolk which are spread over the entire land
between “Y” junction and Dharavi Main Road up to St. Anthony
Church and Sant Kakkayya Marg up to “T” junction i.e. the
extended land and houses and the portion of land between the
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Mahim Creek from “T” junction to “Y” junction on Mahim-Sion Link
Road have not been excluded from the DRP.
8. Learned counsel submitted that the petitioner in this
regard had been addressing several communications/
correspondence, since the year 2013, to the concerned authorities
of the State of Maharashtra, inter alia, requesting that a proper
and complete survey be carried out of the entire Dharavi Koliwada
and the said extended land, traditionally being used by the Kolis of
Dharavi Koliwada for the purposes above mentioned, and upon
such proper and complete survey, after ascertaining, determining,
demarcating and finalising the outer boundary of Dharavi
Koliwada, to exclude and delete such area forming part of Dharavi
Koliwada from the DRP and accordingly incorporate it in
Development Plan-2034.
9. It is then pointed out by learned counsel for the petitioner
that the SRA, the Special Planning Authority for the DNA for DRP,
by its letter dated 15th October 2008, informed the petitioner that
the Dharavi Koliwada Gaothan had been excluded from the DRP.
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The letter further stated that an organisation named “Mashal” had
been directed to conduct a survey of the total constructed area of
the Dharavi Koliwada residents.
10. By a subsequent letter dated 15th November, 2008, the
SRA again reiterated that the Dharavi Koliwada Gaothan had been
excluded from the DRP, though inadvertently included in DRP,
and further clarified that it should be treated as excluded from the
DRP. The letter further requested the Dharavi Koliwada residents
to extend cooperation to the said Mashal organisation for
conducting of the survey of Dharavi Koliwada. It is the grievance
of the petitioner that though it was confirmed that Dharavi
Koliwada was not included in the DRP, no survey was conducted
for finalising the outer boundary of Dharavi Koliwada so as to
exclude and delete such area forming part of Dharavi Koliwada
from the DRP resulting in further encroachments on the extended
land of Dharavi Koliwada which land was and is being traditionally
used by the fisherfolk for fishing and allied activities for several
centuries.
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11. It is further submitted by learned counsel for the
petitioner that the Revenue and Forest Department of respondent
No.1, by Resolution dated 19th November, 2012, decided to permit
a minimum Floor Space Index (FSI) of 2.00 for Koliwadas in
Mumbai City and the Mumbai Suburban District, at par with
Gaothans, and mentioned that since the boundaries of Koliwadas
were not reflected in the land records, their demarcation was
required to be carried out in accordance with the Maharashtra
Land Revenue Code, 1966 (“MLRC”, for short) for which a
Committee was constituted to conduct surveys, prescribe the
demarcation procedure and frame guidelines.
\
12. It is the petitioner’s case that despite SRA’s letters dated
15th October, 2008 and 15th November, 2008, confirming that
Dharavi Koliwada Gaothan had been excluded from the DRP, by a
Government Resolution dated 20th November, 2012, the
Government decided to undertake external demarcation of
boundaries of Koliwadas in Mumbai City and the Suburbs.
13. Learned counsel for the petitioner submitted that during
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the hearing that was held on 13th June, 2013 before the Chief
Executive Officer of the SRA, the petitioner had specifically
pointed out that the boundaries of Dharavi Koliwada as shown in
the DRP were incorrect and that adjoining lands owned and
traditionally used by fishermen, mentioned in paragraph No.8 of
the writ petition ought to have been excluded from the DRP and
included within the Dharavi Koliwada boundary limits. However,
despite more than 12 years since then, no decision, till date, has
been taken.
14. Pursuant to the decision taken by the State of
Maharashtra vide resolution dated 19th November, 2012, the
Committee constituted thereunder along with the officials of the
Fisheries Department undertook site inspections of Koliwadas in
Mumbai. Learned counsel submitted that the petitioner, pursuant
to the hearing held on 13th June, 2013, kept on pursuing the
matter with the concerned authorities of the State of Maharashtra.
Despite repeated correspondence, no steps were taken to include
the portion of area/land mentioned above as the Dharavi Koliwada
and exclude the said area from the DRP. On 5 th September, 2015,
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in the survey, Dharavi Koliwada was identified as a continuous
settlement forming part of Graph/Sheet No.721, consisting of
about 160 houses of Koli residents primarily engaged in fishing.
15. Pursuant to Government Letter dated 1st November, 2018,
the officials of Mumbai City Survey and Land Records carried out
the measurement of the external boundaries of Dharavi Koliwada.
It is the grievance of the petitioner that the entire stretch of the
extended land/area and all the lands/dwellings/structures/
buildings mentioned hereinabove, which form a part of the
Dharavi Koliwada, were not surveyed by the said Committee and
officials of the Mumbai City Survey and Land Records Department.
Learned counsel for the petitioner was at pains to point out that
the concerned authorities of the respondent No.1 have not taken
any final decision on the said survey and determination,
demarcation and finalisation of the outer boundaries of any of the
Koliwadas in Mumbai, much less of Dharavi Koliwada.
16. Thus what the petitioner wants in this petition is to
exclude Dharavi Koliwada, which comprises of the Gaothan and
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the portion of land, buildings and structures, mentioned in
paragraph 8 of the petition, from the DRP and demarcate the same
as part of Dharavi Koliwada. The Gaothan has been excluded. The
Collector by letter dated 13th April, 2018 informed that the
Maintenance Surveyor from the Mumbai City Survey and Land
Records would visit the site on 25th April, 2018, to carry out
boundary measurement.
17. It is the petitioner’s case that on 11th November, 2018, the
office of the Collector, Mumbai issued a Public Appeal, inter alia,
stating that the outer boundaries of Mumbai’s seven Koliwadas
were shown on the survey graphs maintained by that office.
Further, following demands at the Government level, a Committee
comprising of the officers from the Collector’s Office and the
Fisheries Department, would conduct site measurements from 12th
November, 2018 onwards. Pursuant thereto, a survey was
conducted between 12th and 15th November, 2018. On 15th
November, 2018, the Committee recorded that Dharavi Koliwada
measured 2,00,830 square meters which comprised residential
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houses, fish and net drying areas, open spaces, a community
temple, dharamshala, cemetery, and crematorium. It is therefore
the case of the petitioner that the areas where the fisherfolk have
been traditionally carrying out these activities since centuries have
not been included as a part of Dharavi Koliwada. Further,
according to the petitioner, the entire portion of land mentioned in
paragraph No.8 of the petition constitutes an area far greater than
2,00,830 square meters. According to the learned counsel for the
Petitioner, the determination, demarcation and finalisation of
extended land and its outer boundary has not been
approved/finalised till date. Learned counsel for the petitioner has
relied upon the Public Appeal dated 11th November, 2018, Survey
Map/Plan of survey carried out on 15 th November, 2018 and
Panchanama dated 15th November, 2018.
18. Thus, in essence, the petitioner’s case is that without even
determining, demarcating and finalising the extended land and its
outer boundary, which process is still underway, the respondent
No.4 is proceeding with the project. Further, a report of the
demarcation was submitted to the State Government and all
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authorities were required to give a hearing and submit their
opinions before finalisation of persons whose lands fell within the
proposed demarcation. The petitioner relied upon a letter of the
Collector dated 9th August, 2019 informing the petitioner that the
Government had not yet conducted the required hearing and no
final decision had been taken on the Map of Dharavi Koliwada.
19. A reference is then made to the information received
under Right to Information Act, 2005 as revealed by the Assistant
Commissioner (Estate) of the Corporation, that the lands acquired
by the Corporation for municipal and public purposes do not form
part of Koliwadas and some of such lands were under
rehabilitation proposals, thereby indicating that such lands and
land falling within the Koliwada and Gaothan should be excluded
from rehabilitation proposals. Reliance is then placed on the
Circular dated 5th April, 2022 of the CEO of SRA directing that no
Slum Rehabilitation Scheme and related survey activity be carried
out in Koliwadas and Gaothans where demarcation surveys had
already been conducted.
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20. Learned counsel for the petitioner then pointed out that
somewhere in June 2022, the office of the Collector, Mumbai,
prepared a draft communication addressed to the Additional Chief
Secretary (Revenue) of the State Government, regarding
demarcation of Koliwadas, inter alia, stating that, as directed by
the Revenue and Forest Department, all public authorities whose
lands were included in the measurements must be given hearings
before such finalisation. It was further mentioned that the DRP
had raised an objection stating that as per the Notification dated
3rd March, 2016, approving the Dharavi Planning proposal, only
23,665.64 square meters had been earmarked as Koliwada area,
whereas the measurement carried out by the office of the Collector
between 12th to 15th November, 2018 reflected a substantially
larger area of 2,00,830 square meters and therefore the
boundaries of Dharavi Koliwada were required to be corrected and
confirmed. Therefore, in view of conflicting claims and inclusion of
lands belonging to several public bodies, the Collector’s office
opined that the final decision on Koliwada demarcation must be
taken at the Government level.
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21. The petitioner by a letter dated 29th February, 2024,
submitted objections to the Special Land Acquisition Officer of the
SRA/DRP, opposing both, the Dharavi Koliwada boundaries and
the proposed re-survey of areas falling within the Dharavi
Koliwada. In the representation, a reference was made to the
hearing held on 13th June, 2013 before the Chief Executive Officer
of the SRA in relation to the DRP, where the incorrect limits shown
in the Project were objected to and proper demarcation through
the Survey and Land Records Department was sought and agreed
upon. The petitioner objected to the respondent No.4-developer’s
reliance on the Planning Proposal approved on 3rd March, 2016, to
define the Koliwada limits, and demanded that the survey (for the
purposes of demarcation of outer boundary of Dharavi Koliwada)
carried out on 15th November, 2018 through the Survey and Land
Records Department, be accepted, approved and finalised.
22. By a public notice dated 11th March, 2024, the
Corporation announced a door-to-door survey of slum dwellers
from 18th March, 2024, to determine eligibility in the DNA. The
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petitioner, by a communication dated 19th March, 2024, objected
to this proposed re-survey, inter alia, contending that Dharavi
Koliwada had been excluded from the DRP vide letters dated 15 th
October, 2008 and 15th November, 2008 and that its outer
boundaries had been again surveyed on 15th November, 2018. The
petitioner contended that the proposed survey including areas in
Sectors 4 and 5, overlapped with the Koliwada’s outer boundaries
and asserted that no survey should be conducted until those
boundaries were finally approved.
23. By a representation dated 6th May, 2025, made to the
Deputy Secretary, Housing Department, Government of
Maharashtra, the petitioner objected to the Housing Department’s
notifications dated 4th October, 2024 and 24th January, 2025,
which according to the petitioner wrongly indicated Dharavi
Koliwada within Sectors 4 and 5 of the DRP. It was accordingly
requested that the measured area of approximately 2,00,830
square meters be excluded from the DRP and for the same to be
recognized as a part of Dharavi Koliwada for the Koli community.
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24. The petitioner then by its representation dated 16 th
September, 2025 made to the CEO of the DRP, objected to the
proposed handing over of the possession of MHADA buildings as
these buildings stood on land traditionally being used by the Kolis
of Dharavi Koliwada for fishing and allied activities and that the
said development had been undertaken without consulting the Koli
fisherfolk. It was therefore requested that respondent No.4 should
not take any action in respect of these lands or buildings until the
outer boundaries of Dharavi Koliwada were determined,
demarcated, finalised and included in the Development Plan-2034.
It is then the case of the petitioner that without determining these
outer boundaries, around March 2025, officials of public bodies
such as the GRP, MTNL, BEST, ONGC, and AEML, facilitated the
illegal handing over of possession of their lands and structures to
respondent No.4. Learned counsel for the petitioner contended
that these lands on which the building stood, including the
foreshore land of Mahim Creek have been traditionally used by
Dharavi fisherfolk for their fishing and allied activities for several
centuries.
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25. It is submitted that the lands on which the buildings are
shown as existing/constructed is foreshore land which does not
have any plot/C.S. number but has wrongly been shown to be a
part of C.S. Nos. 343 and 347. It is the petitioner’s case that these
housing societies do not have any ownership rights nor any leases
in their favour and therefore have no legal right to handover
possession of land of their respective housing societies situated on
the said foreshore/Government land to respondent No.4.
26. A representation was therefore made by the petitioner to
the Hon’ble Chief Minister on 27th October, 2025 objecting to the
illegal transfer and handing over possession of buildings
constructed by MHADA under Pantpradhan Anudan Prakalp on
foreshore lands, occupied and traditionally used by the fisherfolk
of Dharavi Koliwada, again seeking finalisation of the outer
boundary along with recognition of extended land rights for the
Koli community.
27. Learned counsel for the petitioner contended that the
unauthorised constructions that had been carried out by MHADA
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on Mahim Creek lands, falling within the boundary area of Dharavi
Koliwada particularly on Survey Nos. 343 and 347, are so
constructed without proper documentation and consultation with
the community and without proper survey and finalising of the
demarcation of the outer boundary of Dharavi Koliwada.
According to the petitioner several representations have been
made and objections were raised before various authorities from
15th November, 2008 right upto 30th December, 2025 but no
response has been received.
28. The petitioner, through an advocate, issued a notice
dated 27th January 2026 to the respondent Nos.1 to 4, inter alia,
bringing to their notice (i) the illegal handing over of the said
lands and buildings/structures standing thereon, in and around
the Dharavi Koliwada, by the housing societies of employees of
GRP, MTNL, BMC, BEST, ONGC, and AEML to respondent No.4
and respondent No.4 proceeding to put up corrugated tin sheets
and barricade the said lands/buildings/structures without the
concerned authorities of respondent No.1 first ascertaining,
demarcating, finalising and incorporating the outer boundary of
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Dharavi Koliwada in the Development Plan-2034; (ii) further
calling upon them to direct respondent No.4 to cease, desist, and
restrain the illegal handing over of possession of the said lands by
the societies of GRP, MTNL, BEST, BMC, ONGC, and AEML to
respondent No.4; (iii) to restrain Respondent No.4 from taking
over possession of the said lands without any authority and/or
Government Notification/Resolution; and (iv) to direct the
concerned authority/officials of respondent No.1 to
undertake/conduct a proper and complete survey of the entire
land from “Y” junction (Mahim-Sion Link Road and Dharavi Main
Road) to “T” junction (Sion-Bandra Link Road to Mahim-Sion Link
Road), including Dharavi Main Road, Khambadev Temple,
Khambhadev Temple Road and Sant Kakkayya Road up to St.
Anthony Church and Good Shepherd Church which have been left
out in the survey conducted between 12th and 15th November,
2018 (Exhibit-“F-1”), within 10 days from receipt of the said
notice, under intimation and notice to the petitioner, failing which
the petitioner would be constrained to initiate legal proceedings
for redressal of its long-standing grievances and seek justice.
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29. The respondent No.4-Developer by its letter dated 9th
February, 2026, responded to the petitioner’s advocate’s notice,
informing that it was a SPV company formed for redevelopment
and implementation of DRP; the implementation of the Scheme is
under the provisions of the Slum Act and DCPR, 2034 and denied
any illegal handing over of possession of land and
structures/buildings and further mentioned that it is in the process
of barricading the premises of the aforesaid buildings.
30. The respondent No.2-DRP/SRA by a letter dated 3rd
December 2025 informed the petitioner of the following which is
extracted as under :-
(i) the Urban Development Department vide
Resolution No. TPB 4314/810/Pra.Ka.203/ 2014/NaVi-
11/dated 3rd March, 2016, had approved Dharavi
Notified Area and an area of 23,665.64 square meters of
Dharavi Koliwada was excluded therefrom;
(ii) the Collector, Mumbai, had on 14th October,
2024, submitted his report in respect of demarcation of
(boundary) Dharavi Koliwada to the Additional Chief
Secretary (Revenue) who in a meeting held on 7th
October, 2024, had directed that a high level Committee
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to take appropriate decision and further that the work in
that regard is in progress;
(iii) that vide Resolution No. TPB 4314/810/Pra.Ka.
203/2014/navi-11/dated 3rd March, 2016, Maharashtra
Nature Park was excluded from the Master Plan of DRP;
(iv) that vide G. R. dated 4th October, 2024, an
independent Committee in respect of Religious places in
the DNA is constituted and the work in regard is in
progress;
(v) that various public facilities have been planned
in the Master Plan prepared by the SPV (i.e. respondent
No.4); and
(vi) that GRP, BEST, AEML and ONGC have legally
handed over possession to NMDPL (respondent No.4).
31. Thus, the upshot of the petitioner’s contention is that the
lands traditionally used by the fisherfolk community for fishing
related activity should be excluded from the DRP. The housing
societies/buildings of various authorities mentioned hereinbefore
are standing on lands which were traditionally used by the
fisherfolk and therefore these agencies have illegally handed over
the possession of their buildings and lands to respondent No.4. In
25
Bhogale wpl-12541-2026.odt
any case it is submitted that even before the survey can be
completed by the concerned authorities under the MLRC, the work
in respect of the DRP is progressing to the detriment of the
petitioner.
32. Our attention is invited to a communication dated 7th
April, 2026 addressed by the Revenue and Forest Department to
the SRA, Collector, Mumbai and the concerned authorities that the
meeting in respect of the demarcation of the boundaries is
scheduled on 8th April, 2026. It is the submission of learned
counsel for the petitioner that the respondents have not adhered to
the procedure prescribed under the provisions of Chapter III of the
MRTP Act. It is therefore submitted that the respondent No.4’s
taking possession of and proceeding to barricade the
lands/buildings/structures in Dharavi Koliwada is tantamount to
respondent Nos.1 to 3’s allowing respondent No.4 to undertake
development in Dharavi Koliwada, which is an activity contrary to
and in violation of Regulation 33(16) of DCPR 2034.
33. On the other hand, Mr. Ravindra Kadam, learned Senior
Advocate appearing for the respondent No.4, Ms. Sabharwal,
26
Bhogale wpl-12541-2026.odt
learned counsel appearing for the respondent No.2, Mr. Milind
More, learned Additional Government Pleader appearing for the
respondent No.1 and Ms. Ghuge, learned counsel appearing for the
Corporation, opposed the petition. It is submitted that the
petitioner has no locus to maintain the petition. It is further
submitted that this petition is highly belated and that too without
challenging the DRP of the DNA which was sanctioned to take
effect from 17th March, 2016 under Government Notification dated
3rd March, 2016 published at page Nos.181 and 182 in part I of
Maharashtra Government Gazette dated 17th March 2016. Reliance
is placed on the map which was produced by the petitioner to
indicate that the lands in respect of which the exclusion is sought
by the petitioner from the DRP have existing buildings, as
admitted by the petitioner themselves, and that the entire area is
covered by slums. It is submitted that the petitioner’s insistence for
a demarcation of the boundaries at such a highly belated stage is
without any authority of law as the SRA, which is competent
authority to carry out this exercise, has already done so after
following the due procedure laid down in the Slum Act. The book
27
Bhogale wpl-12541-2026.odt
titled ‘Dharavi Notified Area, Planning Proposals’ is relied upon,
which is in public domain. The same is taken on record and
marked as Exhibit “X” for identification. There is no objection by
any of the parties to the reliance placed on this book. The same
has been certified by the CEO of the SRA.
34. We have heard learned counsel for the petitioner as well
as the learned counsel for the respondents at length. We have
considered the materials on record.
CONSIDERATION
35. In the context of the submissions made by the learned
counsel, it would be useful to make a detailed reference to the
book titled ‘Dharavi Notified Area, Planning Proposals’ for properly
appreciating the controversy. The Dharavi Redevelopment Project
viz. DRP was sanctioned to take effect from 17th March, 2016
under Government Notification dated 3rd March, 2016 published at
page Nos.181 and 182 in part I of Maharashtra Government
Gazette dated 17th March, 2016. For the DRP of the slum scheme,
a Planning Team comprising of senior officers including the Chief
28
Bhogale wpl-12541-2026.odt
Executive Officer and Officer on Special Duty, DRP/SRA was
formed. The preamble of the DNA is significant to appreciate the
need for the development of the said area. Clause 1 is the
preamble, which needs to be extracted, reading thus :-
“1. PREAMBLE
1.1 History of growth of Slum in Dharavi
Dharavi, located on the northernmost tip of Mumbai
island City, was the home of the Koli fishing community and
the Mahim Creek was their source of fish and livelihood for
centuries. Indeed, one of the Bombay Gazetteers mentions
Dharavi as one of the ‘six great Koliwadas of Bombay’.
The Portuguese were the first colonists to stake their
claim to the seven islands of Bombay in the 16th century: they
built a small fort and church at Bandra, on the opposite shore
from Dharavi. The years passed, the Koli fishermen continued
to fish in the Creek. The Riwa (Rehwa) Fort at Dharavi, locally
known as ‘Kala Qilla’, was built in 1737 by the second British
governor of Bombay, Gerald Aungier, on the banks of the Mithi
River. It was part of the larger British-built Bombay Castle.
The growth of Dharavi is closely interwoven with the
pattern of migration into Bombay. The first people to settle
there did so because the land, mainly used as an informal
rubbish dump, was free and unregulated. The marshy land
slowly grew more solid but even till the mid-1900s, parts were
so wet, people had to build foot-bridges to cross over.
By end-1800s, the potters from Saurashtra were
relocated here and set up their colony (Kumbharwada), as also
the Muslim leather tanners from Tamilnadu (because of the
proximity of the abattoir in Bandra). Artisans and embroidery
workers from Uttar Pradesh started the readymade garments
trade, and Tamilians set up a flourishing business, making
savories and sweets. This way, Mumbai being the commercial
capital of the country with unlimited opportunity for
employment attracted people from all parts of the country,
irrespective of region, caste, religion. Most of the land in
Dharavi is owned by government and government agencies and29
Bhogale wpl-12541-2026.odtso was the most suitable for the migrants to encroach and setup
informal settlement. Dharavi thus became an amazing mosaic
of villages and townships from all over India belonging to
different religions, languages, and entrepreneurs, all surviving
shoulder to shoulder.
As long as Dharavi was on the edge of the city, the main
city was not affected much by the squatters and their activities.
But as Mumbai expanded northwards and its population grew
with new industries, the pressure on land increased, and
Dharavi was drawn into the heart of the city. Once Dharavi was
a swamp, fishing village. Today it is a slum or rather collection
of slums.
Majority of land ownership was with Govt. and
Municipal Corporation of Greater Mumbai (MCGM). Slum
dwellers squatted on these lands and built hutments in
haphazard manner. An Act called the Maharashtra Slum Areas
(Improvement, Clearance and Redevelopment) Act, 1971 was
passed. Improvement works were defined therein. A census of
hutments was carried out in 1976 and photo-passes were
issued to slum families. Its people were provided with taps,
toilets and electrical connections as part of slum improvement
measures. The Sion-Mahim Link road, the 60 feet and 90 feet
roads, were all built around this time; sewer and water lines
were laid down. Transit Camps were built to relocate people
whose homes came in the way of new roads and other
infrastructural projects.
1.2 Past programmes of Government to develop Dharavi
In early part of 1985, the then Prime Minister Late Shri
Rajiv Gandhi earmarked / sanctioned Rs.100 crores for the
improvement of infrastructure and housing for the whole Island
city of Bombay, and a third of that sum was reserved for
Dharavi. The Prime Minister’s Grant Project (PMGP) was
initiated in 1987 and Maharashtra Housing and Area
Development Authority (MHADA) was declared as Special
Planning Authority (SPA) for Dharavi. Under the project about
27 buildings with number of houses were built thereby giving
shelter to good number of families.
Later on, after the year 1995, under the Slum
Rehabilitation Scheme (SRA) 86 Schemes were approved in
Dharavi in the period upto 2004. Majority of the Schemes were
based on TDR (Transferred Development Rights) and the TDR30
Bhogale wpl-12541-2026.odtgenerated from these projects were sold for use outside
Dharavi. Most of the schemes under SRA were along the major
developed roads of Dharavi. No major S.R Schemes were
proposed in the interior part of Dharavi due to inadequate
access and also due to the presence of larger number of
commercial / industrial units. These schemes were scattered in
whole of Dharavi and buildings were coming up in sporadic
manner along the existing roads. The SRA schemes lacked the
much needed emphasis on holistically planned urban
development including development of new roads, water and
sewerage and other amenities. Major part of Dharavi remained
in undeveloped and unhygienic condition.
1.3 Renewed Initiative of Government to develop Dharavi
Government of Maharashtra in the year 2003-04
decided to redevelop Dharavi as an integrated planned
township and an action plan for implementation of Dharavi
Redevelopment was approved by its G.R. dtd. 04.02.2004.
It was decided to develop it by using land as resource to cross-
subsidize the cost of development through sale component on
the basis Slum Rehabilitation Scheme by dividing it into sectors
and by appointing developers for the same. Government also
decided to notify the whole of Dharavi as undeveloped area
and to appoint a Special Planning Authority for planning and
development.
Government in Urban Development Department (UDD)
accordingly notified the lands admeasuring about 178.30 Ha
bounded as : on or towards North by Sant Rohidas Marg (Sion-
Bandra Link Road), on or towards North-West by Mithi River
(Creek)/Mahim Creek, on or towards North-East by Junction of
Sant Rohidas Marg and L.B.S. Marg, on or towards East by
Central Railway Tracks, on or towards South-East, West and
South-West by Western Railway Harbor Tracks as the Dharavi
Notified Area (DNA) under its notification no. TPB
4034/322/CR-56/04/UD-11, dtd. 09.03.2005 and appointed
Slum Rehabilitation Authority an authority constituted under
Section 3A of Maharashtra Slum Areas (I. C. & R.) Act, 1971 as
Special Planning Authority (SPA) for that area under sub
Section 1(b) of Section 40 of M.R. & T.P. Act, 1966. The
Notification is Annexed as Annexure – I.
Similarly, Government in U.D.D. notified the lands
admeasuring about 62.05 Ha bounded as: on or towards North31
Bhogale wpl-12541-2026.odtand North East by the Boundary of ‘H’ Block of Bandra Kurla
Complex (BKC), on or towards East by Refuse Transfer Station
outside ‘H’ Block area as per planning proposal of BKC
sanctioned under notification No.BKR-1177/262/UD-5 dated
9th April 1979, on or towards South-East by L.B.S. Marg, on
towards South by Southern boundary of Sant Rohidas Marg, on
or towards South-West and West by Western boundary of C.S.
no. 665 (Piwala Bunglow) and boundary of ‘H’ Block of BKC by
including existing Rajeev Nagar as Dharavi Notified Area under
its Notification no. TPB 4308/3499/CR-83/09/UD-11, dtd.
25.06.2009 and appointed SRA as the Special Planning
Authority for the same under sub Section 1 (b) of section of 40
of the M.R. & T.P. Act, 1966. The Notification is Annexed as
Annexure – II.
Plan showing the Dharavi Notified Area is enclosed
herewith as Plan No. 1.”
36. It is then pertinent to note that the book refers to the
present status of the development. Being appointed as Special
Planning Authority under the MRTP Act, 1966 for DNA, it is the
statutory duty of DRP/SRA to submit Planning Proposals to the
Government of Maharashtra to take suitable measures for
development of the area. In order to prepare the planning proposal
under Section 40(3)(d) read with Section 115 of the MRTP Act,
surveys were carried out to prepare the existing land-use map and
socio-economic study of the area. Accordingly, surveys were
carried out through M/s. Prashant Survey which was completed on
3rd May, 2005. Later during 2007-2009 Mashal Survey was
32
Bhogale wpl-12541-2026.odt
initiated to prepare computerized cadastral plan showing each
existing hut, amenities and infrastructure and to update the
existing survey maps within sector-5 prepared by M/s. Prashant
Survey. Unit of survey taken by Mashal were cluster and sub-
clusters within sectors. In the G.R. dated 4th February 2004 it is
stated that Dharavi will be developed as an integrated holistic
township by undertaking sectoral development. Initially there were
9 sectors but finally, it was decided to divide DNA into 5 sectors
and the sector boundaries are based on the major arterial roads of
proposed road network which is proposed for meeting the traffic
and transportation needs. These sector boundaries of 5 sectors are
marked on Plan no.2. These sectors were sub-divided into 97
clusters and 190 sub-clusters for the purpose of the survey. These
clusters are locally recognized as Nagars/wadas/societies. Mashal
Survey completed their work on 15th June 2009. The structures
which were taken into account are marked on the plan showing
their respective users such as Residential (R), Residential cum
Commercial (R+C), Commercial (C), Industrial (I) and Amenities
such as school, hospital, police station, police chowky, gymnasium
33
Bhogale wpl-12541-2026.odt
and religious structures. The amenity structures which were in
temporary slum structures are marked on the plan and treated as
residential structures for eligibility purpose. The said survey plan
shows the existing roads, open spaces, natural features, etc. also.
Thus the Existing Land Use Map of Dharavi is prepared and
available for analysis and planning of the future development, a
copy of which is enclosed as Plan no.2 to the said book.
37. It is further seen that LEA International Ltd. Canada, in
joint venture with LEA Associates South Asia Pvt. Ltd. New Delhi,
was appointed by DRP/SRA to undertake Traffic and
Transportation Study to provide initial advice from a
transportation perspective during 2007-08. It reviewed and
analyzed the existing systems and proposed new systems including
new roads, widening of existing roads, pedestrian facilities to
allow safe circulation within Dharavi and to external locations.
38. It is significant to note that the aspect as to which
property should be excluded was also taken into consideration.
Within DNA, there are many private properties which are already
34
Bhogale wpl-12541-2026.odt
developed or in the process of development and therefore they
were not required to be included in the redevelopment project.
All these properties were excluded from DRP area. Also, land
belonging to Railways and Central Government has been excluded.
77 Slum Rehabilitation Schemes were in progress within DNA.
All these properties have been marked as excluded properties,
after collecting details from the respective authorities. However, if
they desired to include the excluded area in the project area, they
had the option of becoming a part of integrated development to be
carried out by developer appointed for execution of the
redevelopment plan, by making an application to DRP/SRA. A plan
showing the excluded properties is numbered as Plan no.3.
Annexure-III contains the details of the excluded properties as per
the details collected from SRA, MCGM and as per the survey
carried out by Mashal. The DRP area has thereafter been worked
out as the DNA land excluding the excluded land/properties.
39. The Planning proposal is for the whole of DNA. A detailed
exercise was then carried out regarding existing land use analysis,
35
Bhogale wpl-12541-2026.odt
area of slum structures, Commercial and Industrial, Home Based
activities as Dharavi has substantial number of various
manufacturing units. Large population is involved in commercial
and industrial activities like Leather, Garment, Pottery, Food
processing, Plastic recycling etc., mostly in the informal sector. The
existing civic amenities are then set out, including the details of 26
schools in Dharavi which are run in temporary slum structures. It
is found that Kamraj School in sector – 3 is the only school which
is a legal structure falls in excluded area. The students are
crammed in small rooms with inadequate space and with no play
ground facilities. There is severe shortage of public health care
facilities in Dharavi area. Only one Municipal Hospital exists in
sector-3 as a branch of Lokmanya Tilak General Hospital of Sion.
Major hospitals like Lokmanya Tilak General Hospital at Sion and
KEM hospital at Parel are the nearest hospitals catering to the
medical needs of people living in Dharavi. There are many
community welfare halls constructed by Mumbai Slum
Improvement Board under the MLA funds but they are of different
sizes, and are used by respective neighbourhood localities for get-
36
Bhogale wpl-12541-2026.odt
together purpose or for community and family functions like
marriages etc. Public toilet blocks are seen everywhere,
constructed under Slum Improvement Programme but they are
inadequate in number and maintenance is poor.
40. It is specifically mentioned in the book that at present
Koliwada is an excluded area from the DRP Area. The details of
the properties/areas excluded from DRP in sector 1 to 5 are set out
in Annexure-III. Relevant is Serial No.27 in sector-4 which
describes Koliwada as the excluded area which works out to
23665.64 sq. mtrs. This excluded portion of Koliwada is shown in
Plan No.3.
41. The plans which are prepared include Plan No.1 viz. DNA
Plan; Plan No.2 viz. Existing Land Use Plan of Dharavi; Plan No.3
which is the Excluded Properties Plan; Plan No.4 which is plan
showing sectors and slum rehabilitation area/DRP Area; Plan No.5
which is land ownership plan; Plan No.6 which is proposed road
network plan; Plan No.7 viz. Proposed land use plan of Dharavi;
Plan No.7A which is the proposed land use plan of Sector 1; Plan
37
Bhogale wpl-12541-2026.odt
No.7B viz. Proposed land use plan of Sector 2; Plan No.7C viz.
Proposed land use plan of Sector 3; Plan No.7D viz. Proposed land
use plan of Sector 4; Plan No.7E viz. Proposed land use plan of
Sector 5; Plan No.7F viz. Proposed amenity plan of Dharavi, Plan
No.8 is the existing water supply plan; Plan No.9 is the proposed
water supply plan; Plan No.10 is the existing sewerage plan; Plan
No.11 is the proposed sewerage plan.
42. The Government of Maharashtra sanctioned the planning
proposals for DNA under Section 115(3) read with Section 40(3)
(d) of the MRTP Act on 3rd March 2016. It is pertinent to note that
a plan and the report of sanctioned planning proposals was kept
open for the inspection by the general public during the office
hours on all working days at the offices mentioned in the
notification. The notification was also published on the
Government website. It would be material to set out the
notification dated 3rd March, 2016 which states the procedure
followed, culminating in sanctioning of the planning proposals for
DNA.
38
Bhogale wpl-12541-2026.odt
"Maharashtra Regional & Town Planning
Act, 1966.
————————————————————-
Sanction to Planning Proposals for Dharavi
Notified Area under Section 115(3) of
Section 40(3)(d) of the Act.
GOVERNMENT OF MAHARASHTRA
Urban Development Departement
Mantralaya, Mumbai-400 032.
Dated : 3rd March 2016.
No. TPB 4314/810/CR-203/2014/UD-11
Whereas, the State Government in the Urban
Development Department vide Notification No.TPB-
th
4385/40198/CR-776/85/UD-5, dated the 26 May 1987 has
sanctioned a Revised Development Plan for Dharavi Area from
“G” North Ward under the provisions of the Maharashtra
Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966)
(hereinafter referred to as “the said Act”);
And whereas, the Government of Maharashtra considered
that the area from “G” North Ward, known as “Dharavi Area”
was in undeveloped condition and needed to be developed in a
comprehensive manner; and whereas in order to take urgent
and appropriate steps for the said development, the
Government of Maharashtra vide Notification Urban
Development Department No.TPB 4387/1798/CR-317/87UD-
5, dated 3rd June 1987 appointed the Maharashtra Housing and
Area Development Authority as the Special Planning Authority
for planning and development of Dharavi Area more
specifically defined in the Schedule appended thereto.
And whereas, for the Dharavi Area, the Government of
Maharashtra in Housing and Special Assistance Department
vide Notification No.SRP.1095/CR-37/Housing Cell, dated 16th
December 1995 appointed “Slum Rehabilitation Authority”
under the provisions of section 3A of the Maharashtra Slum
Areas (Improvement, Clearance and Redevelopment) Act, 1971
for Slum Redevelopment :
And whereas, the Maharashtra Housing and Area
Development Authority by Resolution No.5382 of 14th39
Bhogale wpl-12541-2026.odtDecember 1998, has requested the State Government to
denotify Maharashtra Housing and Area Development
Authority as a Special Planning Authority for Dharavi Area.
And whereas, the Government of Maharashtra, in
Housing Department vide Government Resolution No.>®iq;ks
२००३/Á.Ø.१८९/>®ilq&१v, dared 4th February, 2004 (hereinafter
referred to as “the said Resolution”) has decided to implement
Dharavi Development Action Plan and to declare “Slum
Rehabilitation Authority” as Special Planning Authority for the
said Area.
And Whereas, the the State Government in Urban
Development Department vide Notification No.TPB
th
4303/322/CR-56/04/UD-11, dated 9 March 2005 has
appointed Slum Rehabilitation Authority as the Special
Planning Authority (hereinafter referred to as “the said
Authority”) for the planning and development of Dharavi Area
namely Sector I to IV, more specifically defined in the Schedule
therein, under sub-section (1B) of section 40 of the said Act
(hereinafter referred to as “the said Notified Area”)And Whereas, the the State Government in Urban
Development Department vide Notification No.TPB
th
4308/3499/CR-83/09/UD-11 dated 25 June 2009, has
appointed Slum Rehabilitation Authority as the Special
Planning Authority for the planning and development of
Dharavi Area namely Sector V, more specifically defined in the
Schedule therein, under sub-section (1B) of section 40 of the
said Act (hereinafter referred to as “the said Notified Area”)And whereas, the said Authority has prepared the Draft
planning proposals for the area notified vide Notification dated
9th March 2005 and 25th June 2009 (hereinafter referred to as
“Dharavi Notified Area”) and published it in Maharashtra
Government Gazette dated 8th March 2013 and Local
Newspaper dated 9th March 2013;
And whereas, after hearing the suggestions/objections
received on the Draft planning proposals of Dharavi Notified
Area, the said Authority has submitted the planning proposals
to the Government for sanction vide letter dated 17th June
2014, is pursuant of Section 115 as substituted by clause (d) of
sub-section (3) of Section 40 of the said Act and made
compliance vide letter dated 4th February 2015.
40
Bhogale wpl-12541-2026.odt
And Whereas, the State Government in pursuant of
Section 115 as substituted by clause (d) of sub-section (3) of
Section 40 of the said Act, has sanctioned part of the Planning
Proposals vide Notification No.TPB 4314/722/CR-112/2014/
UD-11 dated 6th September 2014;
And whereas, in pursuant of Section 115 as substituted
by clause (d) of sub-section (3) of Section 40 of the said Act,
after making necessary enquiries and after consulting the
Director of Town Planning, Maharashtra State, Pune, the State
Government has decided to sanction remaining Planning
Proposals of Dharavi Notified Area with modifications as
specified in SCHEDULE-A herein below,Now therefore, in exercise of the power conferred by in
pursuant of Section 115 a substituted by clause (d) of sub-
section (3) of Section 40 of the sand Act, the Government
hereby;
(A) Sanction the Planning Proposals with changes as
described in the Schedule appended thereto.
(B) Fixes the date on which the Planning Proposals is
published in the Official Gazette, as the date on which the said
sanctioned Planning Proposals shall come into force.
A plan and Report of sanctioned Planning Proposals shall
be kept open for the inspection by the general public during the
office hours on all working days at the following offices :-
(1) Officer of the Dharavi Redevelopment Project, Slum
Rehabilitation Authority, Griha Nirman Bhavan, Bhandra
(East), Mumbai-400051.
(2) Officer of the Chief Engineer (Development Plan)
Municipal Corporation of Greater Mumbai, Mahapalika Marg,
Mumbai-40001.
(3) Office of the Deputy Director of Town planning,
Greater Mumbai having his office at ENSA Hutment E-Block,
Azad Maidan, Mahapalika Marg, Mumbai-400001.
This Notification shall also be published on the
Government website www.maharashtra.gov.in ”
41
Bhogale wpl-12541-2026.odt
43. It is thus seen that the planning proposals have been
sanctioned with changes as described in the Schedule appended to
the Notification dated 3rd March 2016 after following the
procedure laid down by law and after hearing the
suggestions/objections received on the Draft planning proposals of
DNA. It is pertinent to mention here that the petitioner has not
challenged the Notification dated 3rd March 2016.
44. Even as per the book of planning proposals for DNA
which we have extensively referred above, Dharavi undoubtedly
was the home of the Koli fishing community and the Mahim Creek
was their source of livelihood for centuries. However, Dharavi,
which was once a swamp and a fishing village, is now a slum or
rather a collection of slums. Even the petitioner has stated that
Dharavi is an agglomeration of slums. Majority of the land
ownership was with the Government and Municipal Corporation of
Greater Mumbai (MCGM). Slum dwellers squatted on these lands
and built hutments in haphazard manner. The Government of
Maharashtra, in the year 2003-04, decided to redevelop Dharavi as
42
Bhogale wpl-12541-2026.odt
an integrated planned township and an action plan for
implementation of Dharavi Redevelopment was approved by its
Government Resolution dated 4th February 2004. After an
elaborate exercise by the Government which included its surveys,
existing land use analysis and after giving due consideration to the
existing civic facilities, Commercial and Industrial, Home Based
activities in Dharavi, the planning proposals for DNA were
sanctioned by Notification dated 3rd March 2016.
45. As indicated earlier, the Gaothan area of the Koliwada to
the extent of 23665.64 sq. mtrs. has already been excluded from
the DRP. Mr. Ravindra Kadam, learned Senior Advocate relied on
the map which was produced by the petitioner to demonstrate that
the DNA comprises of various buildings/housing societies of
employees of GRP, MTNL, BMC, BEST, ONGC and AEML. This is
admitted by the petitioner as well. Moreover, buildings
constructed by MHADA also form a part of the area claimed by the
petitioner for their traditional activities. These buildings were
constructed many years back. It is the petitioner’s case in
43
Bhogale wpl-12541-2026.odt
paragraph 29 of the petition that the petitioner objected to the
proposed handing over the possession of the MHADA buildings
and other buildings to the respondent No.4 on the ground that the
said buildings stood on land traditionally being used by the Kolis
of Dharavi Koliwada for fishing and allied activities. However, the
petitioner never raised an objection when the buildings were
constructed and it is only after the buildings were demolished as a
consequence of the Notification dated 3rd March 2016 for the
purpose of the DRP that the petitioner has now objected to the
barricading on the plea that no development activity can be
permitted on such lands as they claim exclusive user for carrying
out traditional fishing activities. Such a claim of the petitioner at
this juncture is highly belated and clearly untenable.
46. We do sympathise with the Koli community, for even as
per the planning proposals, Dharavi was the home of Koli fishing
community and as per the report, even till the mid-1900s, the
parts of Dharavi were so wet, that people had to build foot-bridges
to cross over. As per the book, most of the land in Dharavi is
owned by government and government agencies and thus, it was
44
Bhogale wpl-12541-2026.odt
most suitable for the migrants to encroach upon and setup
informal settlement. When the programme was initiated by the
Government to develop Dharavi in the early part of 1985, Dharavi
had already turned into a slum or rather a collection of slums. The
Government took the initiative to develop Dharavi by using land as
resource to cross-subsidize the cost of development through sale
component on the basis of Slum Rehabilitation Scheme by dividing
it into sectors and appointing developers for the same.
Accordingly, Government decided to notify the whole of Dharavi
as an undeveloped area and to appoint a Special Planning
Authority for its planning and development. Thus, even on the
basis of the materials on record, as a result of the construction of
housing societies on the land parcel which the petitioner claims to
have been traditionally used for fishing and allied activities and
also as a result of slums mushrooming on these land parcels, the
character of the land which was traditionally used by the Kolis of
Dharavi Koliwada for fishing and allied activities underwent a
complete change. It is for this reason that the plan for undertaking
the development of Dharavi was put in place after following the
45
Bhogale wpl-12541-2026.odt
procedure laid down under the Slum Act as well as the MRTP Act
leading to the Notification dated 3rd March 2016 sanctioning the
planning proposals. The area of 23665.64 sq. mtrs. comprising of
Dharavi Koliwada is an area excluded from the DRP. Mr. Kadam,
learned Senior Advocate for the respondent No.4 on instructions
submitted that the barricading is only on the portion which is
permissible and the development will not be carried out on the
excluded portion of the Koliwada Gaothan viz. 23665.64 sq. mtrs.
47. Let us deal with the objection of the learned counsel for
the petitioner that the State of Maharashtra had undertaken the
exercise of conducting survey and prescribing the demarcation for
Koliwadas in Mumbai City and the Mumbai Suburban District at
par with Gaothans since the boundaries of Koliwada did not reflect
in the land records and hence the development be stalled till this
demarcation is complete. Such demarcation was required to be
carried out in accordance with the MLRC. It is the petitioner’s case
that since such a demarcation exercise is underway in respect of
seven Koliwadas (which includes Dharavi) across Mumbai and the
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Mumbai Suburban District, the DRP should be stalled till such
demarcation and survey is complete. We are afraid that this
argument of learned counsel for the petitioner is completely
misconceived. The exercise which the petitioner is referring to is in
respect of all the seven Koliwadas in Mumbai and Mumbai
Suburban District for the purpose of demarcating the outer
boundaries of the Koliwadas as per the MLRC. However, so far as
Dharavi is concerned, a detailed survey has already been
conducted in view of the proposed development of the slum in
accordance with the procedure prescribed by the Slum Act. It is
consequent to the issuance of the Notification dated 3rd March
2016, granting sanction to the planning proposals for DNA under
the MRTP Act, that the DRP is in progress. There is no challenge to
the Notification dated 3rd March 2016. We are inclined to hold
that the attempt on the part of the petitioner to stall the
development on the ground that the outer boundaries of the
Koliwada are not demarcated in terms of the procedure prescribed
by the MLRC, at such a belated stage, is in the teeth of the
Notification dated 3rd March 2016. Merely because the petitioner
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has been making repeated representations to the authorities for
demarcating the outer boundaries of the Dharavi Koliwada, in our
considered view, cannot be a valid ground for grant of any relief in
favour of the petitioner. It is however open for the petitioner to
pursue their representations with the authorities under the MLRC
which they have so far resorted to.
48. Since learned counsel for the petitioner was at pains to
stress upon the importance of the survey qua the petitioner, at the
cost of repetition, what we gather from the pleadings of the
petitioner is that the Government of Maharashtra has taken a
decision to conduct the survey and fix the outer boundaries of all
the seven Koliwadas in the State of Maharashtra. However, so far
as the Dharavi Koliwada is concerned, once the slum scheme has
been implemented and the DRP has been sanctioned after
following the procedure prescribed by law, the very foundation of
the petitioner’s case that the redevelopment has to be stalled till
the survey is conducted in terms of the general directions issued
for demarcating the outer boundaries of all the seven Koliwadas in
Mumbai and Mumbai Suburban District in so far as Dharavi
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Koliwada is concerned, must fail.
49. We find that the petitioner is mixing up the issue of
general directions for demarcation of the outer boundaries of all
the seven Koliwadas in Mumbai and Mumbai Suburban District
with that of the Dharavi Koliwada for which the planning proposal
has been sanctioned in terms of the provisions of the Slum Act and
the MRTP Act by the Notification dated 3rd March 2016 which has
attained finality.
50. It is significant to note that over a period of time, the
lands which the petitioner claims to have been used for traditional
fishing and allied activities, has already lost its character as such as
the same was subject matter of encroachments and agglomeration
of slums. As a result of the demolition of the buildings which were
handed over to the respondent No.4, the lands became vacant and
have been barricaded for development purpose. This can be no
reason for the petitioner to stake a claim over these lands at this
stage as this would completely frustrate the DRP.
51. Factually, it is not disputed by the petitioner that the
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building structures of the housing societies have been handed over
voluntarily to respondent No.4 as they want to be a part of the
DRP. The petitioner’s case is that such handing over is illegal since
the buildings standing on the said portion of land ought to form a
part of Dharavi Koliwada. It is significant to note that nothing has
been pleaded as to what action the petitioner has taken over the
years against such societies when the buildings were being
constructed. Now that the housing societies, which have been in
existence for so many number of years, want to be a part of the
DRP, having handed over the lands and buildings standing thereon
to the respondent No.4, cannot create a ground for the petitioner
to claim a right over these lands at such a belated juncture.
52. The petitioner claims that as per the measurement and
inspection carried out by the officials of the Fisheries and City
Land Survey Department of the Government of Maharashtra, the
area of 2,00,830 sq. mtrs. forms a part of Dharavi Koliwada. There
is no material to indicate that the land admeasuring 2,00,830 sq.
mtrs. is presently situated on an open parcel of land utilised for
fishing and allied activities by the Koli community. It may so have
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been in the past, several years ago, and even as per the certified
book of DNA, the entire Dharavi area was a Koliwada. The
materials on record demonstrate that DNA, which covers the
portion of 2,00,830 sq. mtrs. as well, has been encroached by
slums/structures. It is precisely for the reason of developing the
area of Dharavi covered by the slums that the provisions of the
Slum Act and the MRTP Act were triggered. In any case, the area
of 2,00,830 sq. mtrs. is a part of the DRP, sanctioned by virtue of
the Notification dated 3rd March 2016.
53. Learned counsel for the petitioner submitted that what
the petitioner wants is only a finalisation of the demarcation of the
outer boundaries of Koliwada traditionally used for fishing and
allied activities, in terms of the exercise undertaken by the
Fisheries and City Survey Department, and till this exercise of
identifying the boundaries is complete, no development be
undertaken on this portion admeasuring 2,00,830 sq. mtrs. We
are afraid that it is too late in the day to canvass such a
submission. As indicated earlier, this submission is in the teeth of
the exercise undertaken by the State of Maharashtra and the SRA
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under the Slum Act, Development Control and Promotion
Regulations, 2034 leading to the issuance of the notification by
the State of Maharashtra dated 3rd March 2016 under the
provisions of the MRTP Act.
54. There is no challenge to the Notification dated 3rd March
2016 which has attained finality and even as 10 years have passed
since the issuance of the notification, the redevelopment work is in
progress. To interfere at the instance of the petitioner at such a
belated juncture would amount to an unwarranted exercise of the
extraordinary writ jurisdiction of this Court.
55. We have extensively reproduced the relevant portions
of the book titled ‘Dharavi Notified Area, Planning Proposals’ in the
earlier part of this judgment which demonstrates as to how
Dharavi, a traditional fishing hub of the Koli community, became a
collection of slums. There is absolutely no challenge to these
materials on record leading upto the issuance of Notification dated
3rd March 2016. The State of Maharashtra has followed the
procedure under the relevant provisions of law while finalising the
DRP. The development has commenced. Rights have been created
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in favour of various stakeholders like the housing societies, who
have already handed over the possession to respondent No.4 being
a part of DRP.
56. With the passage of time and the manner in which
Dharavi became a cluster of slums, it is not now open for the
petitioner to claim exclusive rights for fishing and allied activities
on this area of 2,00,830 sq. mtrs. merely on the basis that the
survey by Fisheries and City Survey office is not finalised or on the
ground that in the past these lands were traditionally used for
fishing and other allied activities. We still leave it open for the
petitioner to pursue their representations with the concerned
authorities in respect of the survey conducted by the land records
office. We would have hesitated to answer the impact of the survey
by the Fisheries Department and the City Survey office on the
present DRP; however the very foundation of the petition is that
till such survey is complete, the development work in the area of
2,00,830 sq. mtrs. should not proceed. Hence we are constrained
to opine that such a survey would hardly be of any consequence
once the Notification dated 3rd March 2016 issued by the State of
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Maharashtra has attained finality and holds the field and when
such development pursuant to the Notification has commenced.
57. We therefore do not find any merit in this petition.
Leaving the liberty of the petitioner open to pursue the
representation/s made to the State of Maharashtra/City Survey
office for demarcation of boundaries, the petition is dismissed.
No order as to costs.
(S. M. MODAK, J.) (M. S. KARNIK, J.)
Signed by: Pradnya Bhogale
Designation: PA To Honourable Judge
Date: 18/04/2026 15:38:48 54