The Bombay High Court has directed the Maharashtra government to constitute a high level expert committee within four weeks to conduct a performance audit of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (High Court on its own motion v. State of Maharashtra & Ors.).
The ruling was passed in proceedings initiated by the High Court pursuant to a Supreme Court direction to review the on ground effectiveness of the law.
A Division Bench of Justices GS Kulkarni and Advait Sethna today sharply criticised the abysmal progress of slum rehabilitation and town planning in Mumbai, despite the Act being in force for over five decades.
A detailed judgment is awaited.
In its verdict, the Court has asked the State to set up a committee with adequate and appropriate expertise to carry out a comprehensive review of both the law and its implementation.
The Court indicated that the panel should include senior urban development bureaucrats, a representative from the Directorate of Town Planning, independent architects with experience in building construction and town planning, and public representatives who are architects with specialised knowledge in town planning.
Once constituted, the committee is to undertake a performance audit of the Slum Act and submit its report, which the State government has been told to consider and act upon.
The Court observed that the official machinery under the statutory mechanism has failed to eradicate slums despite all the efforts to convert the city into a slum-free city.
“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 time is questionable," the Bench remarked.
The Court questioned whether the Act, in its present form, is any "fulfilling ray of hope", noting that in the 55 years since its enactment, the law has lagged far behind in achieving its objectives.
“There is certainly a need for an area-wise systematic and scientific approach to be adopted to phase-wise do away with the slums in Mumbai,” the Court said, adding that the task is Herculean, but not impossible.
The Bench suggested that the State consider creating a specialised corporation dedicated to slum planning and redevelopment, equipped with specialised and scientific machinery to supplement the overburdened existing set up under the Slum Act.
With a deep sense of belonging to the city of Mumbai, Justice Kulkarni added that the Court was reminded of a timeless line (from the song, Yeh Hai Bombay Meri Jaan):
“Aye dil hai mushkil jeena yahan, zara hatke zara bachke, yeh hai Bombay meri jaan (translation: Ah, this heart finds it difficult to live here; stay alert, stay out of the way - this is Bombay, my dear)."
The Court clarified that while it has flagged systemic failures and suggested structural responses, it is now for the State's executive to demonstrate robust and genuine willingness to work towards the public good if it is to attain the long promised goal of a slum free Mumbai.
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