Bombay High Court Calls For Performance Audit Of 1971 Slum Law To Achieve 'Distant Dream' Of Slum-Free Mumbai

Invoking the famous couplet - Zara Hatke Zara Bachke, Ye Hai Bombai Meri Jaan! the Bombay High Court on Friday ordered constitution of a Committee to look into the 'abysmal' progress of town planning in the city of Mumbai and the failure of proper implementation of the Maharashtra Slum Areas (Improvement, Clearance & Redevelopment) Act of 1971.A division bench of Justice Girish Kulkarni and Justice Advait Sethna in a detailed judgment, pointed out various flaws in the implementation of the Slums Act and also the failures of the Slum Rehabilitation Authority (SRA) along wit the Maharashtra Government and its bodies, in ensuring a 'slum-free' Mumbai even after 55 years of enacting the then ad-hoc Slums Act."The problems which are 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. Any town planning which does not sail with the tide of time is questionable. The official machinery under the statutory mechanism despite all the efforts as urged on behalf of the SRA, has failed to eradicate the slums to fulfill the dream of the year 1971, to convert the city into a slum free city. The continuous requirements of planning and in that regard, the expectations and the rights of the citizens, who live in this city, in our opinion, need to assume highest importance," the judges observed in the judgment. Hence, the bench emphasised, there is certainly a need for area or zone wise, systematic and a scientific approach, to be adopted in a phased manner to do away with the slums in Mumbai. The task is herculean but not impossible, the judges said, adding that provided those who exercise authority and power, have "committed determination, a robust and genuine willingness to achieve public good," on this important area, in the city's march in the 21st century."On such conspectus, we feel that there is need for the Government to consider having a specialized Corporation or Body tasked with planning and redevelopment of slums, with all specialised and scientific machinery to supplement the overburdening of the Chief Executive Officer (CEO) of the SRA and the existing machinery under the Slums Act. Considering the existing situation, we doubt whether the Slum Act with the continuous amendments it has seen, can still be considered to be any fulfilling ray of hope. This more particularly when for the last 55 years, the objective of a ad hoc enactment like the Slums Act, has lagged far behind, in achieving its objects," the bench observed. However, it is for the government to decide on such issues, the bench said.The bench then remarked, "At this juncture, with the deep sense of belonging to the city of Mumbai, we are reminded of the following couplet, from a timeless classic, which is most befitting: ऐ दिल, है मुश्किल जीना यहाँ ज़रा हटके, ज़रा बचके, ये है Bombay मेरी जाँ | (O my heart, it is difficult to live here; move a little, be careful, this is Bombay my dear)."The bench therefore, ordered the Maharashtra Government to constitute an “Expert Committee” having adequate and appropriate members for conducting a performance audit of the Slums Act, so as to make it more effective on the issues, with the only objective of enabling the Government to achieve the distant dream of slum-free Mumbai, as well as other major cities in the State."The committee to be appointed by the State for reviewing the performance audit of the Slum Act shall comprise of experts in town planning, two of whom shall be one representatives of the Municipal Corporation of Greater Mumbai and one representative from the Pune Municipal Corporation, and one representative from the Directorate of Town Planning, Government of Maharashtra. It shall also include two independent architects having expertise in building construction and town planning. Further, the committee shall include the Principal Secretary of the Urban Development Department and an Additional Principal Secretary, as may be nominated by the Chief Secretary, who possess expertise in such matters. The committee shall also comprise of two expert public representatives having specialised knowledge and expertise. Inclusive of such members, the strength of the Committee be fixed by the State Government in Town Planning," the bench ordered. Such committee, the bench made it clear, shall be constituted within a period of four weeks and the State shall thereafter consider the recommendations of the committee and take a decision as it may find appropriate, in the light of the report which may be submitted by such Committee. The special bench led by Justice Kulkarni was notified in August 2024, to hear the suo motu Public Interest Litigation (PIL) petition for conducting a comprehensive audit of the Slums Act of 1971, which was in pursuance to the directive of the Supreme Court division bench of Justice PS Narasimha and Justice Aravind Kumar on July 31, 2024 which had ordered the Bombay High Court to...

Bombay High Court Calls For Performance Audit Of 1971 Slum Law To Achieve 'Distant Dream' Of Slum-Free Mumbai

Narsi Benwal

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Bombay High Court Calls For Performance Audit Of 1971 Slum Law To Achieve 'Distant Dream' Of Slum-Free Mumbai

Narsi Benwal

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