Re-mumbai

Bombay HC Orders Expert Audit Of 1971 Slum Law, Pushes For Scientific Roadmap Towards Slum-Free Mumbai

The Bombay High Court has directed the Maharashtra government to constitute an expert committee within four weeks to conduct a comprehensive performance audit of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, in a major move aimed at strengthening efforts toward creating a “slum-free” Mumbai and other cities in the state.

A special bench comprising Justices Girish S Kulkarni and Advait M Sethna delivered the ruling while hearing a suo motu petition initiated following a July 2024 direction from the Supreme Court of India to review the implementation and effectiveness of the 1971 Slum Act.

The High Court undertook what it described as a unique and “one-of-its-kind” review of the legislation by hearing multiple stakeholders and examining not only the constitutional validity of the Act but also the shortcomings in its implementation.

While pronouncing the judgment, the court observed, “As we feel, and very strongly, that there are some issues which are required to be considered by the authorities, by the state government, and those who implement the Act very seriously, if they are thinking of a very ideal situation on town-planning and which appears to have in our opinion taken a backseat, more particularly on public lands.”

The bench emphasised the need for a scientific and area-wise strategy to gradually eliminate slums across Mumbai. It noted that despite decades of amendments and rehabilitation efforts, the objectives envisioned under the 1971 legislation remain far from achieved.

“The official machinery under the statutory mechanism, despite all the efforts urged on behalf of the authority, has failed to eradicate the slums to fulfil the dream of the year 1971 so as to convert the city into a slum free city,” the court observed.

The High Court further suggested the possibility of creating a specialised corporation dedicated to slum planning and redevelopment to support the overburdened Slum Rehabilitation Authority (SRA).

Calling the task “herculean” but achievable, the bench stressed the importance of strong political will and long-term urban planning. Ending its observations on an emotional note, the court remarked, “Aye Dil Hai Mushkil Jeena Yahan Zara Hat Ke Zara Bach Ke, Yeh Hai Bombay Meri Jaan.”

Source: The Indian Express

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