The Bombay High Court has formed a special division bench to review the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. Led by Justice G.S. Kulkarni, this bench will commence its proceedings on August 16, 2024, to address concerns regarding the application of the law.
The establishment of this bench follows a Supreme Court ruling in the case of Yash Developers vs. Harihar Krupa Co-operative Housing Society Limited and Ors on July 30. In their verdict, Justices P.S. Narasimha and Aravind Kumar highlighted the need for a thorough performance audit of the Maharashtra Slum Areas Act. The Supreme Court emphasized that reviewing and assessing the implementation of the statute is crucial to uphold the rule of law.
The directive stems from a case where a developer faced a delay of over 20 years in a slum redevelopment project, resulting in the termination of the contract. The Supreme Court identified several issues with the Act, which, while intended to provide essential housing, has also led to extensive litigation.
Currently, there are 1,612 pending cases related to the Act in the Bombay High Court, with 135 of these cases being over a decade old. Over the past 20 years, 4,488 cases have been filed, many of which remain unresolved.
The Supreme Court pointed out five main concerns with the Act, including challenges in identifying slum areas, difficulties in proving who qualifies as a slum dweller, issues in selecting developers, disputes over land division, and inadequate temporary housing for residents during redevelopment. The court also criticized the effectiveness of current remedies and the lack of independence among authorities responsible for enforcing the law.
The new division bench will address these issues and work toward improving the implementation of the Act. All stakeholders and relevant authorities are encouraged to participate in the review process.
