MUMBAI – The Bombay High Court has ordered the Maharashtra government to establish an expert committee to conduct a performance audit of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The directive comes after the court observed that despite the Act being in place for 55 years with the aim of creating a “slum-free” Mumbai, the goal remains largely unfulfilled, existing only as a “dream on paper.”
A special bench comprising Justices Girish S Kulkarni and Advait M Sethna issued the verdict, prompted by a Supreme Court directive in July 2024 to review the effectiveness and implementation of the 1971 Act. The High Court’s review was described as a unique assessment, moving beyond constitutional validity to evaluate the law’s practical functioning and shortcomings over the decades.
Critique of Progress and Implementation
The court sharply criticized the “abysmal progress” in slum rehabilitation and town planning in Mumbai, noting that large areas of the city remain occupied by slums. Justices Kulkarni and Sethna observed that town planning that does not adapt to changing times is questionable, and the official machinery has failed to eradicate slums despite efforts to achieve the 1971 objective. The bench invoked a classic Bollywood lyric, “Aye Dil Hai Mushkil Jeena Yahan Zara Hatke Zara Bachke, Yeh Hai Bombay Meri Jaan,” to illustrate the challenges of living in the city.
According to details received by The Chenab Times, the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, empowers the government to identify slum areas, acquire land, and undertake rehabilitation projects through the Slum Rehabilitation Authority (SRA). In Mumbai, the law has been central to the city’s redevelopment model, offering incentives to private developers in exchange for rehabilitating slum dwellers and contributing to the city’s vertical expansion. However, reports indicate that over the last 55 years, the Act’s objectives have lagged significantly in achievement.
Proposed Solutions and Committee Composition
The High Court emphasized that while the task of clearing slums is “herculean,” it is not impossible with “committed determination” and a genuine willingness for public good from those in authority. The court has directed the state government to constitute the expert panel within four weeks. This committee is expected to include senior urban development bureaucrats, a representative from the Directorate of Town Planning, independent architects with experience in construction and town planning, and public representatives with specialized knowledge in town planning.
Information was available with The Chenab Times that the committee is tasked with conducting a comprehensive performance audit of the Slum Act and its implementation. The panel is expected to submit its report within 10 months, providing recommendations for overhauling the legislation and its application. The court stressed that the State government must then consider and act upon these recommendations.
Historical Context and Current Statistics
The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act was enacted in 1971, with subsequent related policies like the Slum Rehabilitation Scheme (SRS) introduced in 1995. The SRS, a Public-Private Partnership (PPP) model, aimed to incentivize private developers by offering them extra Floor Space Index (FSI) in return for rehabilitating slum dwellers on-site, ideally without direct government investment. However, progress has been slow, with significant backlogs in case disposals and a large number of individuals still residing in slums.
According to the SRA website, approximately 12 million people, constituting over 40% of Mumbai’s population, currently live in slums spread across roughly 875.97 acres of private and public land. The court also noted concerns about “vertical slums” formed by high-density rehabilitation buildings that may lack adequate light, ventilation, and amenities, transforming redevelopments into “concrete jungles.”
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