Maharashtra SRA Revises Slum Declaration Process for Landowners

The Maharashtra Slum Rehabilitation Authority (SRA) has announced a significant change in its approach to declaring privately owned properties as slum areas. Under the revised process, private landowners will now be given the opportunity to raise objections before their properties are classified as slums under Section 3C of the Maharashtra Slum Areas Act. This new procedure requires the SRA to issue written notices to landowners, allowing them 30 days to respond and request a personal hearing with the SRA chief executive officer.

Previously, the SRA had the authority to declare privately owned land as slum areas without consulting the owners directly. This practice faced criticism and legal challenges, leading to judicial interventions that highlighted the need for a more equitable process. The Bombay High Court had questioned the rationale behind declaring private land as slum areas based solely on the classification of adjacent properties, while the Supreme Court supported the landowners' rights to redevelop their properties.

The updated notification mandates that private landowners receive formal written communication regarding any proposed slum designation. They will have the chance to submit objections within a month and will be invited to present their case in person before the SRA's CEO. Additionally, a public notice will be issued to ensure transparency in the process. SRA CEO Mahindra Kalyankar emphasized that the authority aims to uphold fairness and natural justice principles in these declarations.

This procedural change also eliminates a previously established deemed provision from 2022, which automatically classified land occupied by slums as slum rehabilitation areas if they were occupied as of January 1, 2011. The revised rules allow landowners to actively participate in the rehabilitation planning process, aligning with High Court directives that advocate for their involvement.

While the new procedure introduces a platform for private landowners to contest slum classifications, it does not alter the existing eligibility criteria for rehabilitation. Residents of structures existing before January 1, 2000, are entitled to free rehabilitation, while those in buildings erected between January 1, 2000, and January 1, 2011, may qualify under certain conditions. The effectiveness of these changes will depend on the SRA's implementation of the new rules and its responsiveness to landowner objections, ensuring that eligible residents continue to receive the benefits of rehabilitation under the current framework.