The Mumbai Metropolitan Regional Development Authority (MMRDA) cannot throw out residents from their homes just because their land is required for the Mumbai Metro, said Bombay High Court on Thursday.
The petition was filed by occupants of a housing society at Andheri Link Road. A bench of Justices R I Chagla and A S Oka made the observation while hearing the petition.
The housing society had applied for the authorization for repairs and redevelopment earlier this year when informed that metro projects may affect some part of the society.
The MMRDA later informed the residents that around 1,062 sq meters of the land that cuts through the buildings in the society will be acquired for the project.
Around 42 residential and commercial units within the society will affect.
The society resident and commercial were willing to cooperate with the government and give up their land in exchange for the alternate spot, said petitioners to BHC.
The MMRDA asked them to prove their Bonafide, and submit all documents when petitioners wrote to the authority for alternate accommodation.
The authority said residents would lose out the alternate accommodation if they failed to do so.
The bench noted that “Just because you are the metro project, doesn’t mean that you can take over any land without following the due process of law. The MMRDA can’t throw people out of their homes just because it needs their land for the metro. They have rights to their private properties.”
The court directed the MMRDA to consider and quickly decide upon the petitioners’ request for the alternate accommodation