Bombay High Court
KHAIRUNNISA SIRAJ SOLKARversusSTATE OF MAHARASHTRA THROUGH GOVT. PLADER,
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court held that the petitioner must pursue her grievance before the SRA’s Special Cell, which is mandated to adjudicate transit‑rent complaints expeditiously, and therefore the petition is disposed.
Summary
The petitioner, Khairunnisa Siraj Solkar, filed a writ petition under Article 226 seeking the Slum Rehabilitation Authority (SRA) to decide her application dated 28 March 2024 concerning arrears of transit rent and non‑payment of rent. The petition highlighted the inaction of the SRA's Special Cell in adjudicating her grievance. The Court referred to its earlier judgment in Om Shri Sai SRA Co‑operative Housing Society v. State of Maharashtra (W.P. No.3140 of 2019) which mandated the creation of Special Cells to address transit‑rent and possession issues. The Court examined the relevant circulars (230‑233) issued by the SRA and the provisions of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, particularly Section 33(B). It directed the petitioner to file her representation before the Special Cell within two weeks and ordered the Special Cell to hear the matter and pass appropriate orders. The petition was consequently disposed without costs.
Issues considered
- What is the appropriate remedy for a slum dweller's grievance regarding non‑payment of transit rent under the Maharashtra Slum Areas Act?
- Whether the SRA, through its Special Cells, is obligated to decide pending applications within the time‑frames prescribed by the Court?
- Whether the petitioner is entitled to a writ of certiorari or mandamus to compel the SRA to act?
Legislation cited
Subjects
- transit rent
- slum rehabilitation
- Special Cell
- Article 226
- Article 21
- non‑payment of rent
- permanent alternate tenement
- mediation
Judgment
7-WP-416-26.DOC
JYOTI IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJESH
MANE
Digitally signed
ORDINARY ORIGINAL CIVIL JURISDICTION
by JYOTI
RAJESH MANE
Date: 2026.01.31
12:42:24 +0530
WRIT PETITION NO.416 OF 2026
Khairunnisa Siraj Solkar ...Petitioner
Versus
State of Maharashtra & Ors. ...Respondents
_______
Mr. Rahul Chhatbar a/w. Mr. Sagar Batavia, for Petitioner.
Mr. Rakesh Pathak, AGP for Respondent -State.
Ms. Aarushi Yadav i/b. Mr. Ravleen Sabharwal, for Respondent No.2 - SRA.
_______
CORAM: G. S. KULKARNI &
AARTI SATHE, JJ.
DATE: 28 JANUARY 2026
P.C.
1. This petition under Article 226 of the Constitution of India is filed praying for the
following substantive reliefs:
a) That a writ of certiorari, writ of mandamus or any other appropriate writ,
order or direction be issued calling for the records and after examining the
legality and proprieties of the application, be ordered and directed
respondent no.2 to decide the petitioner's application dated 28th March,
2024 within time bound schedule.
b) Such other and further relief as this authority may deem fit to grant.
c) The cost of this application be provide for.
d) Such other and further relief's as this Hon'ble court may deem fit to grant.
2. We may observe that the grievance of the Petitioner is in regard to non-payment
of arrears of transit rent and the inaction of Respondent No. 2 in not deciding the
application dated 28th March 2024 filed by the Petitioner before Respondent No.2 in
respect thereof which is pending since then.
3. These are the actions which are required to be considered by the appropriate
Competent Authority of Slum Rehabilitation Authority. In such context we may refer to
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the recent decision of this Court in Om Shri Sai SRA Co-operative Housing Society Vs.
State of Maharashtra and others (Writ Petition NO.3140 of 2019, decided on 23-12-
2025), wherein to address such grievance of the slum dwellers, a Special Cell has been
formed by the Slum Rehabilitation Authority (SRA), which will determine such issues,
as canvassed by the Petitioner. The factual aspects in the petition can be gone into
including deciding the application dated 28th March 2024, as made by the Petitioner for
such determination. It would be convenient to refer to the following observations made
in Om Shri Sai SRA Co-operative Housing Society Vs. State of Maharashtra and others
(supra) :
“5. Circular No. 230 deals with the constitution of a Special Cell to
address complaints relating to possession of permanent alternate
accommodation, particularly where permanent alternate tenements
have not been handed over. Circular No. 231 concerns the recovery
of transit rent. This circular makes a reference to the observations of
this Court on a same embargo to be created on part of the free sale
component, which can be dealt with only after the construction of the
rehabilitation building is completed and all issues relating to payment
of transit rent are addressed. The circular directs the Deputy Chief
Engineer along with concerned officers to ascertain and decide the
commensurate area of the free sale component as a corresponding
security for payment of transit rent. It further records, that whenever a
Letter of Intent is issued in relation to a Slum Rehabilitation Scheme,
such Letter of Intent will include a condition qua the freezing of an
appropriate lower floor(s) sale area. The computation of the free sale
area, to be frozen, and/or not permitted to be dealt to be fixed by
taking into consideration the number of slum dwellers, the monthly
rent payable for an approximately three years’ rent cycle, and the
corresponding Ready Reckoner value of the sale area.
6. Circular No. 232 concerns PAP/PTC tenements which have not
been handed over to the Authority and which are under illegal
occupation, in respect of which earlier Circular Nos. 162A and 225
were issued by the SRA. Circular No. 232 records that the developer
shall not handover any rehabilitation tenements on its own, and that
the respective Executive Engineers shall be responsible for
implementation of the said circulars. It records that non-compliance
of the stipulations on their part will be viewed as dereliction of duty
and suitable action against them can be initiated. It further records
that, in any scheme, PAP/PTC tenements are required to be
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demarcated in accordance with Circular No. 209, and the procedure
prescribed therein must be strictly followed, thereby providing for
strict implementation of the said circular.
7. Circular No. 233 concerns rent in lieu of transit accommodation
payable to slum dwellers and prescribes the methodology which
would now be adopted for dealing with complaints relating to non-
payment of transit rent. Such complaints to be dealt with and decided
by the Special Cell instead of the one official who was overwhelmed
with such complaints.
8. All these measures have been sought to be addressed by the SRA
considering the observations made by the Court in the order as noted
hereinabove. It is imperative to take note of the contents of the said
circulars in the present order, so that whenever recourse is required to
be taken by the relevant information is readily available to appreciate
effective mechanism the SRA intends to set into motion under such
circulars. These circulars read thus:-
“CIRCULAR- 230
Hon'ble High Court in W.P. no 3140 of 2019 and other 62 Writ petitions
observed that, there are case where long back the project are completed,
however the persons who are eligible are yet to be put in possession of the
permanent alternate tenements for number of reasons, for example either they
are occupied by illegal occupants, inducted by the developers or the societies
and/or the illegal occupants being inducted by third parties. In the scheme of
things as it stands, it cannot be situation the eligible slum dweller is deprived
of the possession of the tenements unless the slum dweller is himself guilty of
having entered into any agreement and/or a manner not known law has
created third party rights inducting such occupants.
In view of the above, Hon'ble High Courts observation it is decided as follow,
1. As per observation of Hon'ble High Court a "Special Cell against
unauthorized occupation of rehabilitation tenements" is constituted as under,
City Eastern Suburb Western Suburb
Dy. Collector (Special Dy. Collector (Special Dy.Collector (Special
Cell) City Cell) Eastern Suburb Cell) Western
Suburb
Assistant Registrar, City Assistant Registrar, Assistant Registrar,
Eastern Suburb Western Suburb
Executive Executive Engineer-N Executive Engineer-
Engineer-G/South Ward Ward K/East
The above constituted Special Cell will be assisted by officers as required
by them.
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The Special Cell on receipt of grievances regarding illegal occupation of
tenement allotted to eligible slum dweller and original slum dweller is
deprived of permanent alternate tenement, illegal occupant in rehab
tenement/PAP/PTC put in there by allottee slum dweller himself, random
illegal occupant in rehab tenement/PAP/PTC, shall cause to inspect said
tenement within two days.
As per inspection report, the Special Cell will decide which action need to
be initiated in that case as per law and forward the report for Competent
Officer responsible to the action.
The special cell will take review of the actions taken by the Competent
Officers fortnightly and submit summary report to the CEO (SRA).
2. The eviction actions under section 3(E) and 33 of Slum Act shall be
taken on regular basis by the Competent Officer to whom powers are
delegated. These officers will complete the procedure of order and
eviction within four weeks from the receipt of report from special cell.
3. The Competent Officer ensure that all issues in such category of
unauthorized occupation matters need not reach the court unattended and
such matters would be examine and dealt effectively at their level.
4. Competent Officers shall not pass the buck raising issues but their focus
need to be on effective consideration of grievances of slum dwellers who
are deprived of their legitimate permanent accommodation.
(Dr. Mahendra Kalyankar)
Chief Executive Officer, SRA Brihanmumbal
CIRCULAR-231
Hon’ble High Court in W.P. no 3140 of 2019 and other 62 Writ petitions
observed that persistent defaults made by Developers in payment of transit
rent to the slum dwellers and the plight of the slum dwellers being required
to run from pillar to post in receiving such payment Including to resort to
litigation. To prevent such situations Hon'ble High Court directed to freeze
a part of free sale component which can be permitted to be dealt only after
the construction of the rehabilitation building is completed, and all issues
relating to payment of transit rent are duly addressed. Such freezing of the
premises needs to be of the immediate lower floors, depending on the size
of floor and the approximate transit rent the developer would be required
to pay to the slum dwellers, during the period of completion of the
rehabilitation building.
Accordingly, the concerned Dy. Chief Engineer alongwith concerned
Executive to ascertain and decide the quantity of free sale component.
Whenever Letter of Intent is issued for a slum rehabilitation scheme, the
letter of Intent will include freezing of appropriate lower floor sale area.
computation of Sale area to be freeze will be done taking into consideration
number of slum dwellers, rent per month for approximately three years rent
cycle and corresponding ready reckoner value for sale area.
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In case of existing slum rehabilitation schemes, Engineering Department
will evaluate transaction of sale component by developer and will freeze
appropriate sale component as per situation. In cases where the free sale
component is already sold, then corresponding bank guarantee need to be
taken. Any, false statement by developer will be termed as perjury and he
will be penalized accordingly.
The concern Executive Engineer will Intimate to the Registrar of Stamps,
of the freezing of free sale component in the project. Further on
rehabilitation of all the slum dwellers and on addressing all the issues
relating to payment of transit rent will defreeze the said sale area, same shall
be conveyed to Registrar of stamps.
(Dr. Mahendra Kalyankar)
Chief Executive Officer, SRA Brihonmumbal
CIRCULAR 232
Hon'ble High Court recently in couple of Writ Petitions took a stern view of
encroachment of rehab tenements. In slum rehabilitation schemes,
PAP/PTC are generated as per regulation. Recently, there are Instances
where it is observed that these PAP/PTC are not handed over to authority,
instead, some illegal occupation is done. To avoid such instances, Authority
had already issued circular no. 162A and circular no. 225. All rehabilitation
tenements must be handed over to Estate Department of SRA. Developer
shall not handover any rehabilitation tenement on his own. Respective
Executive Engineers are responsible for Implementation of above circulars.
Any dereliction on their part will be viewed as dereliction of duty and
suitable action against them can be initiated. Dy. Chief Engineer to take
bimonthly review.
In any scheme, PAP/PTC need to be demarcated as per circular no. 209 and
further procedure as per circular must be done. Any dereliction on this will
be termed as dereliction of duty.
Strict implementation of circular no.210 by Executive Engineer is
warranted. Any dereliction will be termed as dereliction of duty.
Regular inspection of all the schemes by concerned Executive Engineer and
his team is necessary. In event of any contrary work or procedure by
developer is noticed, then immediate action by them is essential. "A stitch in
time saves nine." So regular inspection and adherence to standard procedure
should be scrupulously followed.
(Dr. Mahendra Kalyankar)
Chief Executive Officer, SRA Brihanmumbal
CIRCULAR NO. 233
Sub: Rent in lieu of transit accommodation to slum dwellers
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Ref: Circular No.153. Circular No.210, Section 33(B) of the Maharashtra
Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.
Slum Rehabilitation Schemes approved by Slum Rehabilitation Authority,
Brihanmumbai pay transit rent in lieu of transit accommodation to slum
dwellers. The modifications In Circular No.153 are as follows,
1. Developer shall pay initial transit rent for period of two years for slum
dwellers with SRA & post-dated cheque for transit rent period of one year to
SRA.
2. If there are complaints regarding non payment of transit rent to slum
dwellers, then these complaints will be adjudicated by "Special Cells for
adjudication and recovery of transit rent" of designated officers. These cells
will look into the issues of non payment of rent in the spirit of the orders
passed by Hon'ble High Court in Writ Petition No.3140 of 2019 & 62 other
writ petitions dated 17/12/2025...
3. These "Special Cells for adjudication and recovery of transit rent" will
adjudicate complaints within time limit of 15 days, these time limit can be
extended by further 15 days for reasons thereof shall be recorded in writing.
There should not be any delay in disposition of such complaint applications.
4. After adjudication, when developer is required to pay rent to slum dweller,
then he should be communicated Immediately and concerned Engineers
should keep tab on payment of rent to slum dweller. If it is observed that,
developer had not paid rent to slum dweller then proposal will be made to
Dy. Collector (Special Cell) for recovery procedure as per Section 33(B) of
the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment)
Act, 1971. The recovery procedure shall be initiated within two weeks.
5. Concerned officers need to work in spirit for transit rent payment to slum
dweller.
6. Special Cells for adjudication and recovery of transit rent' will submit
fortnightly report for review to OSD (IT) to CEO (SRA).
7. "Deputy Collector (Special Cell)' will submit fortnightly report of report
of recovery to OSD (IT) to CEO (SRA).
Proactive measures by Slum Rehabilitation Authority, Brihanmumbai are as
follows,
1. Co-ordinator Rent Auditor shall cause to audit all slum rehabilitation
schemes for transit rent. Charter Accountants & Certified Auditors from
panel of Divisional Joint Registrar Co-op. Soc. Mumbai will audit transit
rent in schemes as directed by Co-ordinator Rent Auditor.
2. Co-ordinator Rent Auditor will collect all information regarding transit
rent payment to all slum dwellers in scheme after scrutinizing the report.
Thereby preparing a master list of transit rent payment to slum dwellers
which will show defaulted rent & date of next payment cycle to slum dweller.
Co-ordinator Rent Auditor will inform the Developer for payment of
defaulted rent and payment to slum dweller before start of next cycle of
payment. Co-ordinator Rent Auditor will inform the same to Assistant
Registrar Co-op. Soc. & concerned Engineers.
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3. Objective of this exercise is for timely payment of transit rent to slum
dwellers, so that SRA can respond before slum dwellers are aggrieved.
4. Executive Engineer and Assistant Registrar C.S. (SRA) will issue notices to
all ongoing Slum Rehabilitation schemes and ask to pay rent to all displaced
slum dwellers as well as submit self declaration for all slum dwellers, which
will be checked by Executive Engineer, Dy. Collector (Special Cell) and
Assistant Registrar C.S. (SRA).
Procedure regarding recovery of defaulted transit rent payment is as follows,
1. When it is established that developer has defaulted the transit rent
payment concerned Engineer shall immediately issue Stop Work Notice to
sale portion of slum rehabilitation scheme. Then concerned Assistant
Registrar Co-op. Soc and Engineer shall move proposal for encashment of
deposits by developer in SRA. Slum Dweller will be paid after encashment
immediately by Finance Controller.
2. Commencement of work will begin after restoration of deposits by
developer.
3. If deposits are not enough to cover defaulted rent, then a proposal for
recovery under Section 33(B) of the Maharashtra Slum Areas (Improvement,
Clearance and Redevelopment) Act, 1971 will be initiated before Dy.
Collector (Special Cell) by Assistant Registrar Co-op. Soc, concerned
Engineer and Finance Controller (SRA).
4. After recovery by Dy. Collector (Special Cell), Finance Controller (SRA)
will disburse defaulted rent to slum dwellers in proposal for recovery and
inform the same to Assistant Registrar C.S. (SRA).
5. Assistant Registrar C.S. (SRA) will keep information regarding payment of
rent to applicant slum dwellers and will submit fortnightly report to OSD
(IT) to CEO (SRA).
6. Finance Controller (SRA) will submit fortnightly report regarding deposit
and disbursement of transit rent to CEO (SRA) with copy to Assistant
Registrar C.S. (SRA).
(Dr. Mahendra Kalyankar)
Chief Executive Officer, SRA Brihanmumbai
To,
1. OSD to CEO, SRA Brihanmumbai
2. OSD (IT) to CEO, SRA Brihanmumbai
3. Secretary SRA, Brihanmumbai
4. Dy. Chief Engineer-I & II, SRA Brihanmumbal
5. All EE, SRA Brihanmumbai
6. CLC, SRA Brihanmumbai
7. Dy Collector (Special Cell)- I, II & III, SRA Brihanmumbai
8. All Competent Authority, SRA Brihanmumbal
9. ARS, SRA Brihanmumbai
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10. FC, SRA Brihanmumbai
11. DDTP, SRA Brihanmumbai
12. DDLR, SRA Brihanmumbal
13. Co-ordinator Officer (Audit) Co-operative Department
14. Co-ordinator Officer (Administration) Co-operative Department
15. Estate Manager, SRA Brihanmumbai
16. IT, SRA Brihanmumbal
Office order
Slum Rehabilitation Authority, Brihanmumbai has constituted following
"Special Cells" of designated officers for recovery of transit rent to slum
dwellers in spirit of order of Hon'ble High Court in Writ Petition
No.3140 of 2019 and other 62 writ petitions.
"Special Cell No.1 for adjudication and recovery of transit rent"
1. Co-Ordinator Officer Administration Co-Operative Department
2. Assistant Registrar Co-Op. Soc. (Suburb)
3. Tahsildar (Special Cell), City
4. Assistant Engineer (G/South Ward)
"Special Cell No.2 for adjudication and recovery of transit rent"
1. Co-Ordinator Officer (Rent Audit), Co-Operative Department
2. Assistant Registrar Co-Op. Soc. (City)
3. Tahsildar (Special Cell), (Eastern Suburb)
4. Assistant Engineer (S Ward)
(Dr. Mahendra Kalyankar)
Chief Executive Officer, SRA Brihanmumbai
To,
1. OSD to CEO, SRA Brihanmumbal
2. OSD (IT) to CEO, SRA Brihanmumbai
3. Secretary SRA, Brihanmumbai”
9. In our opinion, the aforesaid steps taken by the SRA will go a long way
and have a substantial impact on effective resolution of the grievances of the
slum dwellers on the issues of non-payment of transit rent and the method
of securing the payment of transit rent, illegal occupation of rehabilitation
tenements and possession of the same being not handed over to the
legitimate allottee/slum dweller. We appreciate the promptness of the Chief
Executive Officer for taking such proactive measures by appropriately
estimating the objectives which need to be achieved, which we have
repeatedly emphasized, namely, that the implementation of the Slum
Rehabilitation (SR) Scheme needs to be seamless and free from any
bottlenecks for the different stakeholders. A Slum Scheme needs to be
implemented smoothly, without requiring any of the players, whether slum
dwellers, the society, or the developer to resort to any litigation, and without
conflicts/frictions amongst such stakeholders. The avalanche of disputes has
created an additional burden on the official machinery of the Slum
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Rehabilitation Authority (SRA) which ought not to arise if these
stakeholders adhere to rules and regulations in discharge of their respective
obligations. It may be observed that, under the redevelopment framework
envisaged by the provisions of the Maharashtra Slum Areas (Improvement,
Clearance and Redevelopment) Act, 1971, read with Regulation 33(10) of
the Development Control and Promotion Regulations (DCPR) 2034,
specific obligations are cast upon all stakeholders involved in the scheme,
which need to be discharged by such players with utmost diligence and
honesty.
10. These obligations which arise in different forms are required to be
discharged without generating disputes. Time and experience has shown the
issues/areas of such disputes which by now appear to be well identified to
name some of them; vacating of slum structures, provision of transit
accommodation, payment of transit rent, hurdles in the construction of the
rehabilitation buildings or the free-sale component, and claims relating to
interest on arrears of transit rent, illegal occupation of the tenements, delay
in allotment of tenements and delay in execution and completion of the
Slum Scheme. These are some of the areas in which disputes under slum
rehabilitation schemes frequently arise, resulting in matters being taken
before various authorities and, ultimately, the courts. In this view of the
matter, we have considered the stand taken by the Chief Executive Officer
to be progressive, in issuing the aforesaid circulars, the contents of which we
have noted hereinabove.
11. On the aforesaid backdrop, we are of the clear opinion that, in the
spirit with which the aforesaid circulars have been issued by the CEO, SRA
constituting the special cell(s), the issues relating to transit rent as raised in
these Petitions as also the grievances regarding non-handing over of
permanent alternate tenements or a combination of both these issues are
now required to be effectively considered by the special cells constituted by
the Slum Rehabilitation Authority (SRA). The methodology in this regard
has already been set out in the circulars.
12. Thus the expectation would be that the special cell addresses the
grievances expeditiously and in accordance with law that is, upon due
consideration of the facts of each case, and not in a mechanical manner. The
officers manning the special cells must be alive to the genuine grievances of
the stakeholders and how best the issues can be resolved, this more
particularly, on issues which directly affect the slum dwellers like when
grievances are raised by the slum dwellers like non-payment of transit rent,
which itself involves the assertion of the right to shelter, being a facet of
Article 21 of the Constitution of India. A similar position would prevail
where a legitimate entitlement to a permanent alternate tenement is denied.
13. In this view of the matter, the grievances /complaints need to be
considered at the first instance in an amicable manner, without any
stakeholder perceiving such consideration as adversarial. The reason being
that it is not in any interest of the slum dwellers that they be involved in
any litigation. Hence, an approach of resolution of these issues in harmony
is the need of the hour, rather than adjudication. Such, indeed needs to be
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the very purpose and endeavor behind the constitution of these special cells
failing an amicable resolution, necessarily an order would be required to be
passed.
14. We clarify that the constitution of the special cells pursuant to our
orders is not intended to create any independent adjudicatory mechanism,
but rather to provide a forum where issues are considered and addressed in
a cordial and constructive manner, albeit culminating in an order. Once
such order is passed, it shall be an order passed by the officials of the SRA as
normally being done in exercising such powers as conferred under the
Slums Act.
15. It is needless to observe that albeit the aforesaid mechanism the
propensity to litigate on the part of some the stakeholders cannot be
entirely ruled out. Despite such determination, parties may still feel
aggrieved. However, once a factual determination by the cell is available on
record as fairly stated on behalf of the SRA, it shall be open to the parties to
avail of appropriate remedies as statutorily prescribed under the provisions
of law by approaching the competent statutory forums, wherein further
adjudication of such grievances may be undertaken.
16. We also sound a note of caution that the endeavor of the special cells,
ought not to be, to generate further litigation, but rather to amicably resolve
disputes, even by taking recourse to appropriate mediation practices. In this
regard, the Chief Executive Officer may consider calling upon the members
of the special cells to undergo training in mediation practices, which is the
need of the hour, more particularly in light of the promulgation of the
Mediation Act, 2023. In our opinion, this is a crucial exercise, as the
overarching endeavor must be to curb litigation and bring about a win-win
situation for all stakeholders.
17. In light of the aforesaid observations, we permit the Petitioners to make
their respective applications, subject matter of the present proceedings,
before the appropriate special cells created for such purpose. Upon receipt
of such applications, they shall be taken forward for consideration and for
passing appropriate orders consensually or otherwise in accordance with
law.”
4. In this view of the matter, the petition can be conveniently disposed of by
permitting the Petitioner to assert their grievances before the Special Cell. We direct that
the representation dated 28th March 2024 or any other comprehensive additional
representation which the Petitioner intends to file, which shall be filed within two weeks
from today, be appropriately examined by the Special Cell as constituted by SRA, which
shall proceed to hear all the stake holders and pass appropriate orders in terms of the
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time limits as directed by this Court in Om Shri Sai SRA Co-operative Housing Society
Vs. State of Maharashtra and others (supra). All contentions of the parties in that regard
all expressly kept open.
5. The petition is disposed of in the aforesaid terms. No costs.
(AARTI SATHE, J.) (G. S. KULKARNI, J.)
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