In a significant development, the Bombay High Court has issued a notice on August 13, 2024, announcing the constitution of a Division Bench to review the functioning of the Maharashtra Slum Areas (Improvement, Clearance, and Redevelopment) Act, 1971. This action follows directions from the Supreme Court of India in Civil Appeal No. 8127 of 2024 [Yash Developers Vs. Harihar Krupa Co-operative Housing Society Limited and Ors.], which highlighted critical issues within the current legislative framework. The review aims to identify and address the underlying causes of the problems associated with the Act, as outlined in Paragraph 34 of the Supreme Court’s judgment dated July 30, 2024.
Supreme Court’s Concern Over Slum Act Implementation
The Supreme Court’s judgment in the Yash Developers case raised concerns about the effectiveness and implementation of the Maharashtra Slum Act. The issues highlighted in Paragraph 34 of the judgment pertain to the challenges and inefficiencies in slum redevelopment projects, including delays, legal disputes, and the inadequate protection of the rights of slum dwellers. In response to these concerns, the Supreme Court directed the Bombay High Court to conduct a comprehensive review of the Act.
Formation of the Division Bench
Following the Supreme Court’s directions, the Chief Justice of the Bombay High Court constituted a Division Bench presided over by Hon’ble Justice G. S. Kulkarni. The Division Bench has been entrusted with the responsibility of conducting Suo Motu proceedings to review the working of the Maharashtra Slum Areas (Improvement, Clearance, and Redevelopment) Act, 1971. The first hearing of these proceedings is scheduled for August 16, 2024.
The primary objective of the review is to identify the causes of the problems that have hindered the effective implementation of the Maharashtra Slum Act. This includes examining the legal and procedural aspects that contribute to delays in slum redevelopment, issues related to the protection of slum dwellers’ rights, and the overall efficacy of the Act in achieving its intended goals. The Division Bench’s findings and recommendations will be crucial in shaping future reforms and ensuring that slum redevelopment projects are executed more efficiently and fairly.
Conclusion
The Bombay High Court’s decision to review the Maharashtra Slum Act is a critical step towards addressing the long-standing issues associated with slum redevelopment in the state. The outcome of this review could lead to significant legislative and procedural changes that will benefit slum dwellers, developers, and all stakeholders involved in the redevelopment process. As the Division Bench begins its Suo Motu proceedings on August 16, 2024, all eyes will be on the court’s findings and the potential impact on the future of slum redevelopment in Maharashtra.