The case is taking so much time because the family had been unable to explain the delay in approaching the court, had not got the property records updated and 70% of the slum-dwellers had said they support the present builder. Slum dwellers who are waiting for the last 9 years for homes is still a question.
Earlier the family approached the HC against the acquisition in 2008. The developers claimed that they had spent over Rs 50 crore on the project, including on rent for 239 of the 412 families who had vacated their houses and were provided temporary accommodation.
At the same time on a request by the trust for a stay on the order, the HC asked the developer not to start construction of the slum rehabilitation building or the free sale building on the land for eight weeks.
But considering the fact that over 400 families of slum dwellers were waiting for resettlement, it asked the developers whether they were ready to pay a compensation of Rs 2.17 cr to the family. The amount was calculated as 25% of the 2005 ready calculator rate for the land the premium the society of slum dwellers would have had to pay if the land was owned by the government. The developers agreed.
According to the judges, compensation at the rate of less than Rs 4 per square metre in the city of Mumbai appears to be misleading. Having respect to the fact that the petitioners have lost about 9140 sq-mt of land, They are of the view that the petitioners deserve to get compensation and not only misleading amount for compulsory acquisition of their lands.
Yes Shrikant, A division bench of Chief Justice Mohit Shah and Justice Burgess Colabawalla, however, refused to grant any relief to the trust now comprising the grandsons of the original owner that had challenged the government's decision to nominate the plots as slum land and acquire it for redevelopment.
The Maharashtra Government had obtained around 9140 sq-mt of land in Wadala for redevelopment and declared a compensation of Rs 34992 (Rs 3.8/sq m) for the Nenshi Monji family trust that owned it. The HC has now asked the builder redeveloping the plots to pay Rs 2.17crore, or Rs 2374 a sq-m, to the family.