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The Bombay High Court has dismissed a petition filed by two societies representing the Koli fishing community in Danda Koliwada, Khar West, challenging slum redevelopment on land traditionally used for fish drying. The order, issued in the past week, upheld a court-appointed committee's findings that redevelopment would not impede fishing activities. The dispute relates to approximately 3,449 sqm of land, part of a larger 9,588 sqm parcel notified as a slum rehabilitation area by the Slum Rehabilitation Authority. The court held that the issues raised required detailed factual examination and could not be adjudicated under writ jurisdiction. Petitioners have been granted limited interim relief, with a short continuation of status quo, while being directed to pursue remedies before a competent civil court.
The Bombay High Court has dismissed a petition filed by two Koli community societies challenging a slum redevelopment project in Danda Koliwada, Khar West, ruling in the past week that the dispute involves complex factual issues and must be adjudicated by a civil court rather than under its writ jurisdiction. Advertisement
The matter arose from a challenge by the Danda Koli Masemari Vyavasayik Sahakari Maryadit and the Danda Koli Samaj against the Slum Rehabilitation Authority's (SRA) decision to designate a portion of land measuring about 3,449 sqm out of a total 9,588 sqm as a slum rehabilitation area. The petitioners argued that the land has traditionally been used for fish drying and related activities, and that redevelopment would disrupt their livelihood by restricting access and operational movement.
The bench observed that adjudicating such claims would require detailed examination of evidence, including land use patterns, demarcation, and the extent of impact on traditional activities. It held that such an exercise could not be undertaken within the limited scope of writ proceedings under Article 226 of the Constitution, and therefore directed the petitioners to seek relief before an appropriate civil forum.
The dispute has been under judicial consideration for several months. In earlier proceedings, the court had constituted a committee comprising government officials to examine competing claims over the land and assess whether redevelopment would affect the Koli community's fishing-related activities. The panel was tasked with demarcating land parcels and evaluating access requirements for traditional use.
A report submitted in the past month concluded that a significantly larger area estimated at around 26,000 sqm remained available for fish drying and related purposes, and that the redevelopment of the disputed portion would not materially hinder the community's activities.
The petitioners subsequently challenged the committee's findings, raising concerns regarding land classification, reservations under development plans, and the impact on access routes for loading and unloading fish. They also questioned whether the land was subject to non-buildable reservations, arguing that redevelopment would alter its intended use.
While dismissing the plea, the court granted a limited continuation of interim protection, allowing the existing status quo to remain in place for a short period to enable the petitioners to approach a civil court.
The case highlights ongoing tensions in Mumbai's redevelopment landscape, where slum rehabilitation projects frequently intersect with long-standing community land use, particularly in traditional settlements such as koliwadas. It also underscores the legal distinction between writ jurisdiction and civil adjudication in matters involving disputed facts, land rights, and competing claims over usage.
The ruling is expected to shift the dispute into a civil litigation framework, where issues relating to land demarcation, reservation status, and livelihood impact will be examined through evidentiary proceedings.
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