Bombay HC To Hear Plea Today Against Redevelopment Of Mahim Playground For Slum Rehabilitation Project

Mumbai: The Bombay High Court will today (July 2) hear the contentious proposal to redevelop a designated playground in Mahim as a Slum Rehabilitation (SRA) project. Upasana Francis Fernandes, a slum dweller, is the petitioner in this matter.

Upasana Francis Fernandes Raises Concerns Over The Proposed Project

Represented by advocate Omar Khaiyam Shaikh, Fernandes has raised concerns over the proposed project at Gabriel Road in Mahim (West). The BMC-owned plot measures 7943.21 sq mt and is reserved for recreational use as per the Development Plan (DP) 2034 and Town Planning Scheme-III. Fernandes has petitioned that the plot should be developed for the purpose it is intended (a playground) and the slum dwellers to be rehabilitated at an alternate location nearby.

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Activist Godfrey Pimenta also criticised the SRA for allowing redevelopment on a reserved plot. The playground, known as Vitthalrao Harishchandra Desai Maidan, houses recreational facilities, slum dwellers, 28 BMC tenants, and a solid waste management chowky. A section of the land (3,512.35 sq mt) was declared a slum under the Maharashtra Slum Areas (Improvement, Clearance, and Redevelopment) Act in 1999.

Despite the declaration, a 2010 redevelopment proposal under Development Control Regulation (DCR) 33(7) was previously rejected by the civic chief on the grounds that redevelopment cannot be initiated on land with a nonbuildable reservation and minimal encroachment.

A report by the Assistant Town Planner of SRA, dated October 26, 2020, also echoed this view, emphasising that the presence of a designated playground as per the revised DP renders the land ineligible for SRA approval unless an NOC is issued by the BMC, a condition not yet fulfilled.

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Subsequent internal reports by assistant commissioners and the estate department support Fernandes’ contention. A report by the assistant commissioner (G-North Ward) and endorsements from joint and additional municipal commissioners have consistently stated that the land must be cleared for use as a playground. Advocate Shaikh has submitted a letter to the court, supported by evidence from BMC records and SRA, urging that the redevelopment proposal be stayed in the previous hearing.