Mumbai: Calling for a strict and robust implementation of the state slum act, the Bombay High Court has said that the vision should be to make Mumbai a slum free city. The court raised concern over the rehabilitation of slum dwellers who often become victims at the hand of some private greedy developers.
“Vision is to have Mumbai, which is considered an international city and the financial capital of our country, slum free. We need to have an absolutely slum free city. Proper implementation of this Act will help that vision,” a bench of Justices Girish Kulkarni and Somasekhar Sunderesan said on Friday.
The bench headed by Justice Kulkarni was set up on August 12, pursuant to Supreme Court direction on July 30, to conduct a “performance audit” of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 and identify the problems faced in its effective implementation. While asking the HC chief justice to constitute a special bench, the apex court had raised concerns about the working of the slum act.
Batting for sustainable development, the court asked the State and the authorities to ensure, on one hand, that there are sufficient accommodations for migrant workforce; and on the other hand see that the city doesn’t turn into only a concrete jungle and make open spaces available.
“Have accommodation for migrant workers too. City like Mumbai can’t survive without migrant workers. Have a system of rental housing. Lot of foreign countries like Singapore have it. Otherwise they will encroach and build slums on available spaces and push back the mangroves. Even for a mighty state, it is impossible to remove encroachment,” the bench underlined.
Highlighting the importance of land, which is scarce in the island city of Mumbai, the court said that land management is very important. “Think about the future generation… What will happen in 100 years? Are there going to be only skyscrapers? Need for residential units will never come to an end. Don’t we need open spaces?” the judges asked.
Citing the example of London, the judges said that foreign countries give equal emphasis to large open spaces where not a single brick is permitted to be laid. “We need sustainable development. We cannot just have concrete jungle with no open space,” the bench said.
The court also flagged the issues of delay in redevelopment projects and the quality of the construction. “We are really concerned about the plight of slum dwellers. Merely because you are a slum dweller doesn’t mean that you are left to the discretion of developers. Slum dwellers are victims at the hands of these developers who do not intend to work… ,” the court said.
In such situations, the government and the Slum Rehabilitation Authority (SRA) become silent spectators, it added.
It stressed on the need for fixing accountability and responsibility on developers and also on state officers to ensure speedy and qualitative development. “There ought not to be a situation where a developer is appointed and then the project doesn’t go ahead. That is not the object of the Act. There has to be a robust and professional development,” the court said.
Apart from having construction of the redevelopment of highest quality, the court said that its upkeep and maintenance too was necessary. “It shouldn’t happen that in ten years again the building has to be redeveloped. It becomes dilapidated with no maintenance.. It cannot become another slum. There has to be decent living. They are entitled to decent living in a decent abode,” the bench added.
The court emphasised that the effective implementation of the Act lies with the government as the mandate lies with them.
Maharashtra Chamber of Housing Industry (MCHI), which has over 1,400 developers as its members, sought to intervene in the matter to assist the court. The advocate said they are collating data from its members and architects regarding the problems faced by them and possible solutions.
The HC has asked the government, Slum Rehabilitation Authority, MCHI, and other parties to file their affidavits giving suggestions and kept the matter for hearing on September 20.
HC has also appointed senior advocates Darius Khambatta, Sharan Jagtiani and Naira Jeejeebhoy as amici curiae (friends of the court).
The SC, on July 30, asked the HC chief justice to set up a bench to “initiate suo motu proceedings” to conduct a performance audit of the state slum redevelopment law, noting, “The welfare legislation for the poor is gridlocked and more than 1,600 cases related to the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act are pending before the Bombay High Court.”
