Maharashtra
,
Charkop
,
Mumbai Suburban
Published :
|
Updated :
Slum dwellers on forest, mangrove and coastal zones not entitled to rehabilitation, rules Bombay High Court
Reported by
Shubham Kothari
Legal Review by
Anmol Gupta
Sourabh Rai, Amrita Chekkutty
Edited by
Anupa Kujur
500
Households affected
2400
People affected
2006
Year started
55
ha.
Land area affected
500
Households affected
2400
People Affected
2006
Year started
55
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

In 2006, residents of Laxman Bhandari Chawl in the Laxmi nagar area in Charkop village of Kandivali, Mumbai, received an eviction notice under the Maharashtra Slum Act, 1971. The area, located along the border of Sanjay Gandhi National Park, falls within a protected forest area and mangrove zones.

The residents submitted the relevant documents required for eligibility to attain rehabilitation against eviction. Some residents also went to court to challenge the legality of notice itself where court ordered in favour of the residents. However, in 2012, the land was demarcated for plantation of mangroves destroyed under the Versoval-Bandra link road project. The chawl is located on a 55 hectare plot, out which 10 hectare were used for plantation of mangroves between 2012 and 2017.

In 2017, the forest department which has its name on the 7/12 land ownership record, demolished parts of the chawl. Some of the evicted persons appealed in the High Court against the legality of the eviction, and received a status quo order from the court. The court argued that the department undertaking the eviction on the said land were not legally empowered to take the action and therefore did not allow the evictions. However, in 2021 the slums were again served eviction notices.

The court, in the same case, provided the slum dwellers with protection from eviction as it was not decided on who was responsible for evictions on the said land and what were the rights of slum dwellers. However, the court did not allow them the right to in-situ rehabilitation as the said slum was within the 50 metres buffer zone of protected mangroves. In the rejoinder filed by the state government and forest department, the High Court said they were examining the entitlement of slum dwellers, including encroachers on forest land, CRZ, and mangrove zones under Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

In 2025, the two-judge bench in Bombay High Court declared that the Maharashtra Slum Act does not protect the encroachers on forest, mangrove and coastal protected zones. This judgement not only affects the residents of Laxmi Bhandari chawl but the lakhs of residents residing in the forests, mangroves and coastal region the entire state.

The court was hearing a petition filed by four residents of Laxminagar, a settlement located within mangrove forests and buffer zones in Charkop, Kandivali. The petitioners approached the High Court through advocate Ronita Bhattacharya Bector after revenue authorities demolished around 500 huts in the area — including theirs — in April 2021.

The petitioners argued that the demolition was unlawful as they had been residing there since 1980 and were therefore eligible for rehabilitation under a government resolution (GR) dated 16 June 2015. The GR protects slum dwellers who settled before 1 January 2000, by entitling them to permanent alternate accommodation. They also cited a second GR dated 16 May 2018, which extends similar benefits to those settled between 1 January 2000, and 1 January 2011.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Forest Department

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Shubham Kothari

Shubham is a housing rights activist based in Mumbai. He has a post graduate from the Tata Institute of Social Sciences, Mumbai in urban policy and governance.

Show more work
Fact sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area

Whether the project was stalled due to land conflict

Source/Reference

JOIN
THE LCW COMMUNITY
Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


Support our work.
Sign Up Today
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