The plot in question — Plot No. 484(A) — is located at Nasserwanji Wadi in Mahim West and is exclusively reserved as a playground. Upasana Francis Fernandes, a housewife and local resident, filed a writ petition in the HC in 2023 to halt the redevelopment project under the SRA scheme
The playground owned by the BMC, which adjoins Plot No. 484(A), in Mahim West. File pics/Shadab Khan
The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to submit an affidavit clarifying whether the civic body intends to proceed with redevelopment of a BMC-owned plot in Mahim under the Slum Rehabilitation Authority (SRA) scheme or retain the land as a reserved playground. The civic commissioner is expected to file an affidavit soon.
The plot in question — Plot No. 484(A) — is located at Nasserwanji Wadi in Mahim West and is exclusively reserved as a playground. Upasana Francis Fernandes, a housewife and local resident, filed a writ petition in the HC in 2023 to halt the redevelopment project under the SRA scheme. The court subsequently granted a stay on any SRA development on the land.
During the hearing on July 2, Justices GS Kulkarni and Arif S Doctor observed: “This is a case where municipal land, which has only 56 encroachers along with some municipal tenants, is sought to be developed under a slum scheme. Admittedly, as informed to us by the SRA, a slum scheme has not been approved or sanctioned.”
Upasana Fernandes, with her husband, Francis
The court ordered: “We direct the municipal commissioner to file an affidavit in terms of the aforesaid directions, and clarify whether the municipal corporation proposes to freely allow this land to be developed as a slum scheme. The affidavit shall be submitted only by the municipal commissioner, addressing all concerns raised by the court, and confirming the corporation’s adherence to its previous directions. The matter will next be heard on July 16, 2025.”
Speaking with mid-day, Fernandes said, “I’m very happy that the court has not only stayed the redevelopment scheme but has also ordered the BMC commissioner to clarify their position. This is reserved playground land meant for public use, and it should remain that way.”
This plot, which spans 3512.35 square metres, accommodates around 56 tenants, including Fernandes, slum dwellers, and BMC tenants. An adjoining part of the same plot is already used as a playground. The total land parcel measures 7943.21 square metres and is owned by the BMC, with the entire area reserved for playground use as per the development plan.
Adv Omar Khaiyam Shaikh, HC
In 2021, a group of residents from the plot approached the SRA with a proposal for redevelopment under the scheme. However, in 2023, Fernandes raised objections and wrote to the BMC’s Estate Department at Fort. The BMC conducted an inquiry and, following her complaint, then-municipal commissioner Iqbal Singh Chahal formally communicated to the SRA that the land was reserved for playground use and objected to any redevelopment.
Although the SRA removed the developer following the BMC’s objection, it did not cancel the SRA scheme. Consequently, Fernandes filed the writ petition in the HC, which led to the current developments.
Fernandes is a resident of Nasserwanji Wadi Co-operative Housing Society in Mahim West. A housewife, she discontinued her chartered accountancy studies after completing the second year. Her husband, Francis, is a freelance worker.
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