Priyanshu
On July 31, 2024, the Bombay High Court established a special division bench to comprehensively review the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. This move was taken in response to a Supreme Court directive issued on, in the case of Yash Developers vs. Harihar Krupa Co-operative Housing Society Limited (Civil Appeal No. 8127 of 2024), where the apex court raised concerns about the effectiveness of the Act in achieving its intended objectives.
The Supreme Court’s ruling highlighted critical challenges in the current implementation of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, noting that several aspects of the law are not functioning as envisioned. Among the primary issues identified were difficulties in slum identification and declaration, eligibility criteria for slum dwellers, selection processes for developers, land division disputes, and the obligations to provide temporary housing during redevelopment. These challenges have resulted in significant delays and inefficiencies, with over 1,600 cases still pending before the Bombay High Court, some for more than a decade.
The special bench, presided over by Justice G.S. Kulkarni, has been tasked with conducting a thorough audit of the statute to identify the root causes of these problems. The review is expected to address the Supreme Court’s concerns by examining whether the law, as it stands, is capable of fulfilling its purpose or whether legislative amendments are necessary.
This review marks a crucial moment for slum redevelopment in Maharashtra, where the Act has been a cornerstone of urban renewal efforts. Legal professionals and stakeholders in the real estate and urban development sectors are closely watching the proceedings, as the outcomes could lead to significant legal reforms and impact future slum redevelopment projects across the state.
The special bench’s first suo motu hearing wasscheduled for August 16, 2024, and it included representatives from the government, statutory authorities under the Act, and other key stakeholders, including the intended beneficiaries of the redevelopment projects. The review process is anticipated to be both exhaustive and swift, reflecting the Supreme Court’s directive to address the identified issues promptly.
As the legal community awaits further developments, the Bombay High Court’s actions may set a precedent for how courts across India approach the audit and reform of longstanding statutes to ensure they serve their intended purposes effectively.
Case Name: Yash Developers vs. Harihar Krupa Co-operative Housing Society Limited
Case Number: Civil WP No. 8127 of 2024
Bench: Hon’ble Mr. Pamidighantam Sri Narasimha