Bombay HC Seeks Centre, State's Reply On PIL Against Dharavi PAP Rehabilitation On Mulund Salt Pans

Mumbai: The Bombay High Court has directed the Union and Maharashtra governments to file their replies to a Public Interest Litigation (PIL) challenging the state’s decision to rehabilitate Dharavi residents on salt pan lands in Mulund. The PIL, filed by advocate Sagar Devre, argues that the plan will destroy the fragile coastal ecosystem, which has already suffered due to extensive reclamation projects across Mumbai.

A bench of Chief Justice Alok Aradhe and Justice MS Karnik granted the government four weeks to respond. Senior advocate Anil Singh, representing the Centre, informed the court that the salt pan lands belong to the Union government, which has transferred portions of it to Maharashtra for welfare projects. Additional government pleader Milind More stated that necessary surveys were conducted before selecting the site for rehabilitation and sought time to file a reply.

The PIL challenged two government resolutions — dated August 7 and September 30, 2024 — that approved the transfer of 255.9 acres of salt pan land from the Centre to the state for rehabilitation structures. It also challenges an August 23 Office Memorandum issued by the Ministry of Commerce and Industry’s Department for Promotion of Industry and Internal Trade.

The petition highlights that in 2014, while hearing a PIL by NGO Vanashakti, the HC had directed the state to protect wetlands. However, in 2017, the Centre excluded salt pans from the definition of wetlands in conservation rules. Despite a 2022 notification from the Ministry of Environment, Forest and Climate Change (MOEFCC) emphasizing wetland protection, the state approved the transfer of salt pans for affordable housing and Dharavi redevelopment.

The PIL argues that salt pans, located between high and low tide lines, are essential for maintaining coastal balance, supporting mangroves and estuaries that protect against erosion and flooding. The petition warns that turning them over to private developers will cause severe environmental damage.

The Dharavi Redevelopment project proposes using the land for rental housing, slum rehabilitation, and affordable housing. The state cabinet has authorized the additional chief secretary of housing to lease the land from the Centre, with the Special Purpose Vehicle (SPV) overseeing land acquisition and rehabilitation of salt workers.

The PIL further alleges that the builder-politician nexus has contributed to Mumbai’s loss of open spaces, wetlands, and mangroves for commercial projects. “This loss and subsequent concretization of open spaces means that water, which previously could seep into the soil, has nowhere to go, leading to flooding. Reclamation—both legal and illegal—by private parties and government departments has wreaked havoc on the city’s drainage,” the petition stated.