Maharashtra Is Only State in Country Where Encroachers Are Rewarded With Free Housing, Says Bombay HC

The Bombay High Court on Friday strongly criticized Maharashtra’s approach to encroachments, stating that it is the only state where illegal occupation is rewarded with free housing. The court remarked that rampant unauthorized construction has further complicated the issue of mass housing.

A division bench of Justices Girish Kulkarni and Advait Sethna recalled a previous judgment questioning the constitutional validity of such a policy.

"We are the only state, thanks to the wonderful policy of the government, where you encroach and get free housing. In one of our judgments, we had asked whether this would be permissible. Is this a constitutional policy, recognised by the Constitution?" it asked.

The Bombay High Court on Friday stated that encroachments have made the mass housing crisis increasingly complex, describing it as a "cascading" issue. The court noted that unauthorized constructions continue to appear on state, private, municipal, and central government lands, including ecologically sensitive mangrove areas, which are eventually classified as slums.

Senior counsel Darius Khambata, appointed to assist the court, said  that no one has the right to trespass or occupy land illegally, despite the economic challenges that drive migrants to settle in informal areas due to the lack of affordable housing. The Bombay High Court, on its part, voiced concerns that unchecked redevelopment could result in an unsustainable urban environment. The court also reiterated its worries about the shrinking green spaces and diminishing sports facilities in Mumbai.