Bombay High Court To Probe Maharashtra Slum Act: Special Bench To Address Long-Pending Cases

On Tuesday, the Bombay High Court established a special bench led by Justice GS Kulkarni to undertake a thorough audit of the Maharashtra Slum Areas (Improvement, Clearance & Redevelopment) Act, 1971. This move comes in response to a directive from the Supreme Court, which on July 31, instructed the High Court to review the Act's practical application.

The Supreme Court's order aims to ensure that the Act functions as intended. If the current implementation is found lacking, the High Court is to identify the issues and address them promptly.

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The division bench, comprising Justices PS Narasimha and Aravind Kumar, highlighted that 1,612 cases related to the Maharashtra Slum Areas Act are still pending in the Bombay High Court, with 135 of these cases being over ten years old.

Key issues flagged by the Supreme Court for the Bombay High Court's review include the procedures for identifying and declaring land as slum areas, the process of identifying slum dwellers, the selection of developers, and the requirement to provide temporary accommodation to residents during redevelopment projects.

The Supreme Court also noted that judicial review under Article 226 of the Constitution, which allows high courts to issue writs, should not be seen as a permanent solution for issues arising under the Maharashtra Slum Areas Act.

The case that prompted this review involves a dispute between Harihar Krupa Co-operative Housing Society in Borivali and Yash Developers. The controversy dates back to 2003 when the housing society appointed the developer to redevelop land designated as a slum area. However, the Maharashtra government's Apex Grievance Redressal Committee terminated the agreement due to significant delays spanning over two decades.

The developer contested this termination in the Bombay High Court. The Supreme Court, addressing an appeal from this case, criticised the limited scope of judicial review under Article 226 and consequently dismissed the writ petition.

The Supreme Court stressed the judiciary's role in facilitating justice and prompting systemic reforms, rather than merely reviewing executive and legislative actions.

The newly constituted special bench is set to begin hearings on this matter on August 16.