In a significant move, the Bombay High Court has established a special division bench to scrutinize the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. This new bench, led by Justice G. S. Kulkarni, is set to commence its review on August 16, 2024.
This action follows a Supreme Court directive in the case of Yash Developers vs. Harihar Krupa Co-operative Housing Society Limited. The Supreme Court’s ruling on July 30 stressed the necessity for a thorough audit of the Act’s performance to ensure it aligns with legal standards.
The Supreme Court’s decision was influenced by a case where a developer faced a 20-year delay in a slum redevelopment project, leading to contract termination. The court highlighted persistent issues with the Act, such as its role in generating extensive litigation despite its goal of providing essential housing.
Currently, the Bombay High Court is burdened with 1,612 pending cases related to the Act, with 135 of these being over a decade old. Over the past 20 years, a total of 4,488 cases have been filed, many still unresolved.
The Supreme Court identified five critical concerns: challenges in pinpointing slum areas, difficulties in verifying slum dwellers, complications in selecting developers, land division disputes, and insufficient temporary housing solutions during redevelopment. The court criticized the current enforcement mechanisms and the lack of autonomy among regulatory bodies.
The newly formed bench aims to address these issues and enhance the law’s implementation. Stakeholders and relevant authorities are invited to engage in this review process to foster improvements.
