Bombay High Court Conducts First-Ever Legislative Review of Maharashtra Slum Act to Address Redevelopment Delays

(Source – Indian Express, Section – Explained- Page No. – 15)

Analysis of the news:

First-of-its-Kind Legislative Review

• Unlike traditional judicial reviews that assess constitutional validity, this review—mandated by the Supreme Court—aims to identify gaps in the legislation affecting slum redevelopment.

Background and Issues Leading to Review

• The review stems from delays in slum redevelopment projects, violating slum-dwellers’ fundamental rights. 
• In a 2003 Borivali project, Yash Developers failed to deliver for 18 years, prompting legal intervention. 
• Despite repeated Bombay High Court rulings, delays persisted due to loopholes in the law and ineffective oversight by the Slum Rehabilitation Authority (SRA). 
• The Supreme Court, recognizing these systemic failures, ordered a performance audit of the Act and a legislative review.

Key Issues Identified for Review

1. Land Identification as Slum: Possible builder influence compromises the independence of the decision-making process.
2. Slum Dwellers’ Identification: Disputes over eligibility lead to prolonged litigation.
3. Developer Selection: Developers manipulate slum dwellers’ cooperative societies to secure projects.
4. Land Allocation for Redevelopment & Sale: Developers prioritize saleable area, often at the expense of slum dwellers.
5. Transit Housing Obligations: Delays in providing transit accommodation force residents into unstable living conditions.
6. Lack of Independence of Authorities: Short tenures and regulatory capture weaken the Slum Rehabilitation Authority’s accountability.

Bombay HC’s Response and Future Proceedings

• On February 14, a special bench noted that Maharashtra is unique in providing free housing to encroachers. 
• The court raised concerns over vertical slums, lack of open spaces, and mass housing policies. 
• It has sought stakeholder input and will continue hearings on March 18, potentially shaping future slum redevelopment policies.

Conclusion

• The Bombay High Court’s review of the 1971 Maharashtra Slum Act marks a crucial step toward resolving systemic delays and inefficiencies in slum redevelopment. 
• By addressing gaps in land identification, developer accountability, and transit housing, the review aims to ensure fair, transparent, and timely rehabilitation of slum dwellers while balancing urban development needs. 
• The upcoming hearings will be pivotal in shaping future housing policies in Mumbai.