The reason behind Bombay High Court's review of the Maharashtra Slum Areas Act of 1971

A unique review of a piece of legislation was initiated by the Bombay High Court last month. Identifying and redeveloping slum areas is the focus of the relevant law, the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. It has significantly influenced the vertical architectural landscape of Mumbai.

The current review is unique in that it attempts to pinpoint the legislative gaps, whereas the judiciary normally tests statutes to ascertain their constitutionality. In July of last year, while a bench of Justices PS Narasimha and Aravaind Kumar was considering an appeal concerning an 18-year-delayed slum redevelopment project, the Supreme Court ordered it.

Courts have questioned the 1971 Act's effectiveness over time in light of instances of "unconscionable delays" by developers working on slum redevelopment projects. Courts have ruled that such delays violate the fundamental rights of slum dwellers, including the rights to shelter and livelihood.

What is the Maharashtra law from 1971 regarding slum redevelopment?

Slum redevelopment is frequently driven as much by profit as by the desire to house the urban poor or better the city's conditions in Mumbai, where real estate prices are among the highest in the nation. The redevelopment laws and programs provide incentives to developers.

The 2003 Borivali slum redevelopment project awarded to Yash Developers is the case that led to the review of the 1971 law. The Apex Grievance Redressal Committee (AGRC), which is in charge of the SRA, ended the contract in 2021 due to delays of almost 20 years. After a new builder was appointed, Yash Developers filed a petition with the Bombay High Court.

In 2022, Justice Girish S Kulkarni of the Bombay HC upheld the AGRC’s decision and also noted that 199 slum dwellers had been kept waiting for years without being paid transit rent. This "was completely opposed to the spirit and ethos of a slum scheme," according to the Court.

A 2003 slum redevelopment project in Borivali, awarded to Yash Developers, is the case that led to the review of the 1971 law. The Apex Grievance Redressal Committee (AGRC), which is in charge of the SRA, ended the contract in 2021 due to delays of almost 20 years. After a new builder was appointed, Yash Developers filed a petition with the Bombay High Court.

The Bombay High Court's Justice Girish S. Kulkarni upheld the AGRC's ruling in 2022 and pointed out that 199 slum dwellers had been left waiting for years without receiving their transit rent. This "was completely opposed to the spirit and ethos of a slum scheme," according to the Court.

In the past, the bench had expressed concerns about "vertical slums" in the form of Slum Rehabilitation (SR) buildings, proposed a policy for rental housing for migrants, and provided expansive open spaces for future generations amid "concrete jungles." It had asked different stakeholders for their recommendations. On March 18, it will resume hearing the case.