The impugned Para 8 also violates Article 300A of the Constitution of India as it infringes on the right to property of the developer undertaking the project. Further the share of the state has been fixed at 51% irrespective of the value of the underlying land. This creates an economically untenable situation for any developer redeveloping a slum.
Para 8 also violates Article 14 of the Constitution of India as it arbitrarily imposes 51 % PPP on rehabilitation projects of slums but excludes redevelopment of dilapidated and cessed structures from its scope. The absence of rationale or reason for this selection further adds to its arbitrariness.
Since the impugned Para is currently the subject of an on-going writ petition in the High Court, it would be unwise to give a detailed commentary on its legalities. Nevertheless, the bludgeoning nature of India’s population requires balance to be struck between the environment and housing demands of a billion people. Timely action by the Ministry of Environment and Forests, New Delhi to amend the CRZ Notification and allow higher FSI in CRZ areas will go a long way in ensuring quality housing for millions of slum dwellers in the city of Mumbai.
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