Woman not only alerts civic body to illegal development on its land reserved for a playground, but also proceeds to get a stay order from high court to stop work from proceeding on the plot
The playground owned by the Brihanmumbai Municipal Corporation, which adjoins Plot No. 484(A) at Nasserwanji Wadi, Mahim West. Pics/Shadab Khan
Troubled by the thought of losing a plot reserved for a playground to a slum redevelopment scheme, Upasana Fernandes, a Mahim housewife, alerted its owner, the Brihanmumbai Municipal Corporation (BMC), in 2023. The latter, after verifying her claims, informed the Slum Rehabilitation Authority (SRA) that the land belonged to the civic body and was reserved exclusively for use as a playground. However, the matter did not end there, and Fernandes was compelled to eventually move the Bombay High Court, which recently stayed the proposed redevelopment.
Fernandes, a resident of Nasserwanji Wadi Cooperative Housing in Mahim West, is a housewife who discontinued her studies after completing the second year of a chartered accountancy course, while her husband, Francis, is a freelancer. The writ petition filed in the high court by Fernandes states, “Plot No. 484(A), located at Nasserwanji Wadi, measures 3512.35 square metres and houses around 56 tenants, including the petitioner, as well as slum dwellers and BMC tenants. An adjoining section of the same plot is already being used as a playground. The entire land parcel measures 7943.21 square metres and is owned by the BMC, with its reservation clearly marked for a playground.”
Upasana Fernandes, the petitioner, with her husband, Francis, on Tuesday
The petition further notes, “In 2008, the society was formed, and a proposal was submitted to the SRA in 2021 for the redevelopment of the land in collaboration with a developer. To redevelop the land, an NOC [no-objection certificate] from the BMC is required, but the civic body didn’t give any NOC to the SRA and society members for redevelopment. In a BMC meeting, the proposal was rejected on the grounds that the encumbrance on the land was less than 25 per cent, and the plot is reserved for a playground only.”
BMC acts
Fernandes told mid-day, “Although this land belongs to the BMC, society members are attempting to redevelop it under the SRA scheme. In 2023, I wrote a letter to the BMC's estate department at Fort, requesting an inquiry into the society’s actions. On September 12, 2023, the estate department sent a factual report to the town planning department of G North ward.”
She further added, “Following my complaint, the joint commissioner of the improvement department issued an order not to develop the land under the SRA scheme, citing its reserved status as a playground. Subsequently, Iqbal Singh Chahal, the then-municipal commissioner, also wrote to the SRA CEO, reiterating that the land was reserved for a playground and objecting to any development.”
Court case
Although the SRA removed the developer from the project following the BMC’s objections, it did not cancel the SRA scheme for the plot. Fernandes, who had filed a writ petition in the Bombay High Court in connection with the matter in 2023, then filed an additional petition in the court on March 6, 2024.
On June 9, 2025, Justices GS Kulkarni and Arif S Doctor granted a stay on the redevelopment, stating, “The learned counsel for the petitioner has drawn our attention to the petitioner’s affidavit dated March 6, 2024, which annexes a letter dated November 28, 2023, from Chahal, municipal commissioner, to the chief executive officer, Slum Rehabilitation Authority. The letter records that BMC intends to develop the plot for its intended purpose under the sanctioned Development Plan 2034 and requests that no permissions be issued by SRA for any slum rehabilitation scheme on the said land, which belongs to the municipal corporation, and that any such permissions be cancelled. Despite this clear communication, it is reported that the SRA is continuing with the slum scheme. The matter is adjourned to June 16, 2025. Until then, the SRA is directed not to take any steps regarding any slum scheme on the said plot, and the status quo must be maintained." Fernandes said, “We just want to save this BMC plot, which should be used for the public only.”
Society members’ affidavit
On June 30, opposing the relief sought by Fernandes, the Nasserwanji Wadi Cooperative Housing Society’s members filed an affidavit in the high court. It states, “We oppose the grant of any relief to the petitioner. We have been living in slum-like conditions for several years, enduring a severe lack of sanitation, cleanliness, and facing extreme overcrowding. The society is in desperate need of rehabilitation to live a better, cleaner, and healthier life. The petitioner is only one of the occupants of the said land who has objected to the undertaking of the slum rehabilitation scheme.”
SRA’s affidavit
On June 16, the SRA also filed an affidavit in connection with the matter. In it, the authority’s assistant engineer stated, “We had written to the BMC seeking a NOC for the redevelopment proposal under the SRA scheme. However, the BMC sent an objection letter opposing redevelopment on this land. The SRA is the designated Planning Authority for the implementation of the Slum Rehabilitation Scheme under Chapter I(A) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. It is tasked with executing slum redevelopment projects across Mumbai and the suburbs, with the aim of providing free permanent housing to eligible slum dwellers.”
The affidavit didn’t dispute that the land was owned by the BMC. However, added, “This property was declared a slum under Section 4(1) of the Maharashtra Slum Areas Act via a notification dated April 29, 1999. According to the Town Planning (TP) remarks, Final Plot No. 484-A is designated as a recreation ground. A sanctioned modification (SM-GN-20) reserves a portion measuring 4635.967 square metres as a playground, while the remaining 3258.071 square metres are marked as an existing amenity area.”
The SRA added that, based on the letter dated November 28, 2023, from Chahal, its office initiated proceedings under Section 13(2) of the Maharashtra Slum Act to terminate the appointment of the developer involved in the project. “In view of the BMC’s communication, the SRA has not granted any permissions for the implementation of a slum rehabilitation scheme on the said land. We have acted in accordance with the land-owning authority’s directions,” the affidavit concluded.
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