The Bombay High Court has mandated the formation of a high-level expert committee by the Maharashtra government to audit the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. This directive comes as part of proceedings initiated by the High Court following a Supreme Court instruction to assess the law’s practical impact. The case titled High Court on its own motion v. State of Maharashtra & Ors. was presided over by Justices GS Kulkarni and Advait Sethna, who voiced significant concerns about the ineffective progress in slum rehabilitation and urban planning in Mumbai, despite the legislation being in effect for over fifty years.
The Court’s verdict emphasizes the necessity for a committee composed of seasoned urban development officials, a representative from the Directorate of Town Planning, independent architects experienced in construction and urban planning, and public representatives with specialized knowledge in town planning. This panel is tasked with conducting a comprehensive performance audit of the Slum Act, with its findings to be reviewed and acted upon by the state government.
Highlighting the persistent failure of the official apparatus to eliminate slums, the Court observed, “The problems discussed certainly reflect an abysmal progress of the ideals of town planning expected of an international city like Mumbai, when large areas are still slums.” The Court questioned the current efficacy of the Act, noting that despite fifty-five years of enforcement, it has not met its objectives.
The Bench recommended a systematic, scientific approach to progressively eliminate slums in Mumbai and suggested that the state consider establishing a specialized corporation focused on slum planning and redevelopment. This new body would ideally be equipped with advanced scientific tools to enhance the existing framework under the Slum Act.
Justice Kulkarni, with a deep connection to Mumbai, quoted a famous line from the song “Yeh Hai Bombay Meri Jaan”: “Aye dil hai mushkil jeena yahan, zara hatke zara bachke, yeh hai Bombay meri jaan,” reflecting on the city’s complex challenges. While the Court has identified systemic issues and proposed structural solutions, it emphasized that it is now up to the state’s executive to show a genuine commitment to public welfare to achieve the long-promised goal of a slum-free Mumbai.
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The hearing was supported by senior advocates Darius Khambata and Sharan Jagtiani, assisted by a team of advocates including Naira Jejeebhoy, Priyank Kapadia, and others. Senior advocate Birendra Saraf, alongside advocate Vaibahav Charalwar, represented the Slum Rehabilitation Authority, also appearing as then Advocate General with advocates Jyoti Chavan, Vaibhav Charalwar, and Vikrant Parshurami. Senior advocate Gayatri Singh with advocate Sanjot Shirshath represented the slum dwellers involved in the case.
