Mumbai’s Slum Rehabilitation Why Collaboration with Landowners is Key to Seamless Development

Slum Act also provides for government acquisition of private plot so as to make slum scheme feasible.

Mumbai, a city synonymous with bustling real estate activities, faces a unique challenge: a significant portion of its land is encumbered by slums. Development of these areas under the Slum Rehabilitation (S.R.) Scheme has become one of the most prevalent real estate activities in the city, as slums are located on both privately owned land and government properties, including land owned by MHADA and MCGM.

To initiate development under the S.R. Scheme, a critical requirement is the consent of at least 51% of slum dwellers. This threshold enables slum residents to select their preferred developer, granting them a decisive role in the redevelopment process. However, for carrying out slum redevelopment land owner’s NOC is a must. The Slum Act provides for NOC of land owner for redevelopment and matter become more complicated in the event the land is privately owned land.

Slum Act also provides for government acquisition of private plot so as to make slum scheme feasible. This provision has led to a common practice among some developers, where they directly approach slum societies, bypassing the private landowners. This behaviour of bypassing the private land owners has resulted in legal complications and delays in project. The Judiciary has held it many times that the Land Owners must be given first right of Development on their private land either by themselves or by their nominated agencies. If done with consent of Land Owner the  slum societies on privately held lands would benefit from acknowledging and respecting the landowner’s prerogative in the development process. 

For slum societies situated on private lands, it is prudent to collaborate with the landowner and obtain necessary consents before engaging with any developer for S.R. Scheme implementation. This approach not only streamlines the redevelopment process but also mitigates potential legal challenges that could otherwise hinder project timelines.

As slum rehabilitation continues to shape the future of Mumbai's urban landscape, balancing the rights of landowners with the needs of slum societies and developers is essential for a seamless redevelopment process.

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