Vision Is To Have Slum-Free Mumbai: Bombay HC Urges Robust Implementation Of Slum Redevelopment Act

A division bench of Justice G S Kulkarni and Justice Somasekhar Sunderesan emphasised the need for strict and robust implementation of the Maharashtra Slum Area (Improvement, Clearance and Redevelopment) Act.

"Vision is to have Mumbai, which is considered an international city and the financial capital of our country, slum-free. We need to have an absolutely slum-free city. This Act will help that vision," the court said.

The bench said the implementation of provisions of the Act lies with the government as the mandate lies with them.

The bench was set up last week to undertake a "performance audit" of the Act pursuant to the Supreme Court's directives in July.

The apex court had raised concerns about the working of the Act. The high court stressed the need for sustainable development.

The bench directed the government, Slum Rehabilitation Authority and other parties to file their affidavits and posted the matter for further hearing on September 20.

"Think about the future generation...this is what will happen in 100 years. Are there going to be only skyscrapers? Don't we need open spaces?" the court questioned.

Citing the example of London and other foreign cities, where the emphasis is given to large open spaces and not a single brick is permitted to be laid, the court said, "We need sustainable development. We cannot just have a concrete jungle with no open space."

The bench also expressed concerns over delays in slum redevelopment projects and the quality of the work.

"We are really concerned about the plight of slum dwellers. Merely because you are a slum dweller doesn't mean that you are left to the discretion of developers. They end up with a pittance. Slumdwellers are victims at the hands of these developers who do not intend to work and where private interests are involved," the court said.

It further noted that in such situations, the government and the Slum Rehabilitation Authority (SRA) become silent spectators.

The bench said some accountability should be fixed on developers to ensure speedy and qualitative development.

"There ought not to be a situation where a developer is appointed and then the project doesn't go ahead. That is not the object of the Act. There has to be a robust and professional development," it said.

The court said the construction of the redevelopment project has to be of the highest quality and its upkeep and maintenance.

"It shouldn't happen that in 10 years, the building has to be redeveloped. It becomes dilapidated with no maintenance... even when flats are being handed over," the court said.

"It cannot become another slum. There has to be decent living. They are entitled to decent living in a decent abode," the bench added.

The court also suggested the government consider a rental housing or tenement policy for migrant workers.

"You (government) think Mumbai can survive without migrant workers? We can have tenements or rental housing," the bench said.

On July 30, the SC asked the high court to set up a bench to "initiate suo motu proceedings" to conduct a performance audit of the state slum redevelopment law, noting, "The welfare legislation for the poor is gridlocked and more than 1,600 cases related to the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act are pending before the Bombay High Court."

Cause Title: IN RE : PERFORMANCE OF AUDIT OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT, CLEARANCE AND REDEVELOPMENT) ACT, 1971 v. The State of Maharashtra & Ors.