Synopsis

The petitioner, a trust of fisherfolk (Kolis) of Dharavi, sought a writ to compel the authorities to demarcate the outer boundaries of Dharavi Koliwada (traditional fishing village) and to exclude an area of 2,00,830 sq. metres from the Dharavi Redevelopment Project (DRP). The petitioner claimed that this area was traditionally used for fishing and allied activities and should not be part of the slum redevelopment scheme. The Bombay High Court dismissed the petition, holding that: (i) the DRP planning proposals were sanctioned by a Government Notification dated 3rd March 2016 under the MRTP Act after following due procedure, and the petitioner had not challenged that notification; (ii) over time, the area had become a collection of slums with housing societies and encroachments, and the Koliwada Gaothan area of 23,665.64 sq. metres had already been excluded from the DRP; (iii) the petitioner’s claim for demarcation under the MLRC could not stall the DRP at such a belated stage; and (iv) the development had progressed and rights of stakeholders had been created. The court left it open for the petitioner to pursue representations for demarcation but refused to interfere with the DRP.

Court: High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction)

Coram: Justice M. S. Karnik and Justice S. M. Modak

Date of Judgment: 18th April 2026

Citation: 2026:BHC-OS:9754-DB (Writ Petition (L) No.12541 of 2026)

Core Law: Constitution of India – Article 226; Maharashtra Regional and Town Planning Act, 1966 – Sections 40, 115; Maharashtra Slum Areas (Improvement, Clearance and Rehabilitation) Act, 1971; Maharashtra Land Revenue Code, 1966; Development Control and Promotion Regulations, 2034

2. Legal Framework

Major laws and provisions involved

• Constitution of India – Article 226 (writ jurisdiction)

• Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) – Sections 40(3)(d), 115(3) (sanction of planning proposals by Special Planning Authority)

• Maharashtra Slum Areas (Improvement, Clearance and Rehabilitation) Act, 1971 (Slum Act) – Section 3A (Slum Rehabilitation Authority as Special Planning Authority)

• Maharashtra Land Revenue Code, 1966 (MLRC) – demarcation of boundaries

• Development Control and Promotion Regulations, 2034 (DCPR 2034) – Regulation 33(16)

• Maharashtra Public Trust Act, 1950 – registration of trust

Key legal principles applied

• Delay and laches in challenging a sanctioned planning proposal: The notification sanctioning the planning proposals for Dharavi Notified Area (DNA) was issued on 3rd March 2016. The petitioner filed the writ petition in 2026, nearly ten years later, without challenging the notification. Such a belated challenge is not entertainable, especially when development has progressed and third‑party rights have been created.

• <p class="font_7" style="text-align: justify"

... Upgrade to a Premium Plan to view the full judgment.