The Mumbai Metropolitan Regional Development Authority (MMRDA) subsequently informed the residents that around 1,062 sq metres of the land that cuts through the buildings in the society will be acquired for the project.
The MMRDA is the nodal agency for development of the metro network in the megapolis.
The said acquisition will affect around 42 residential and commercial units within the society.
The petitioners told the HC that while they were willing to cooperate with the government and give up their land, they were entitled to receive land or residences at an alternate spot in lieu of the same.
However, when they wrote to the MMRDA asking for an alternate accommodation, the latter asked them to prove their bona fide, and to submit all documents related to the construction, occupancy and ownership of their homes and shops.
If they failed to do so, the residents would lose out on the alternate accommodation, the state-run agency said.
The petitioners told the HC they were not illegal encroachers, and that the society was not an illegal slum that the MMRDA was threatening to throw them out and acquire their land without following proper procedure.
This prompted the bench to observe that the MMRDA could not render them homeless and acquire their land without following due process of law.
"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 over their private properties," the bench noted.
The bench, thus, restrained the MMRDA from taking any coercive action against the petitioners until further orders from the court.
It directed the MMRDA to consider and expeditiously decide upon the petitioners' request for the alternate accommodation in accordance with the law.
(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)
Business Standard has always strived hard to provide up-to-date information and commentary on developments that are of interest to you and have wider political and economic implications for the country and the world. Your encouragement and constant feedback on how to improve our offering have only made our resolve and commitment to these ideals stronger. Even during these difficult times arising out of Covid-19, we continue to remain committed to keeping you informed and updated with credible news, authoritative views and incisive commentary on topical issues of relevance.
We, however, have a request.
As we battle the economic impact of the pandemic, we need your support even more, so that we can continue to offer you more quality content. Our subscription model has seen an encouraging response from many of you, who have subscribed to our online content. More subscription to our online content can only help us achieve the goals of offering you even better and more relevant content. We believe in free, fair and credible journalism. Your support through more subscriptions can help us practise the journalism to which we are committed.
Support quality journalism and subscribe to Business Standard.