The Supreme Court has directed the Bombay High Court to conduct a performance audit of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. This decision comes in light of over 1,600 pending cases in the high court, reflecting the legislative gridlock affecting slum redevelopment efforts.
The Supreme Court has urged the Chief Justice of the Bombay High Court to establish a bench to “initiate suo motu proceedings” to assess the implementation challenges of the 1971 Act. This move aims to identify the hurdles in enforcing the welfare legislation meant to improve living conditions for the economically disadvantaged. A bench comprising Justices PS Narasimha and Aravind Kumar highlighted the constitutional duty of the executive branch to ensure effective implementation of statutes. The bench emphasised that continuous monitoring and real-time assessment of a law’s impact are crucial for upholding the Rule of Law. The judiciary, in its role as a facilitator of justice, supports systemic reforms without encroaching upon executive and legislative functions.
This directive was part of a judgement dismissing an appeal by Yash Developers against a high court ruling. The high court had previously upheld the cancellation of a slum redevelopment project granted to the firm in 2003 for a slum in Borivali, Mumbai. The project, delayed for over two decades, was terminated by the Apex Grievance Redressal Committee in August 2021. The Supreme Court not only dismissed the developer’s plea but also imposed a Rs 1 lakh cost, payable to the Supreme Court Mediation and Conciliation Project Committee. Justice Narasimha, in a detailed 43-page judgement, highlighted the inefficiencies in the Act’s implementation, reflecting the frustration expressed by the high court. The judgement referred to data from the National Judicial Data Grid, revealing that 1,612 cases related to the Act are pending in the high court, with 135 cases over a decade old. In the past 20 years, 4,488 cases under the Act have been filed and disposed of, yet a significant number remain unresolved.
The bench underscored the Act’s intention to provide basic housing, a fundamental aspect of human dignity. However, the propensity of the statute to generate litigation indicates inherent issues within the statutory framework. The judgement pointed out problems in identifying and declaring land as slums, involving authorities and potentially biased interventions by builders. The Supreme Court noted that these issues should have prompted a review by the Maharashtra government. The executive branch has a constitutional obligation to assess whether a statute’s purpose is being fulfilled. This performance audit, as directed by the court, aims to ensure the Act benefits its intended recipients—the marginalised and impoverished, who often lack the means to advocate for legislative reforms.
The Maharashtra Slum Areas Act, aimed at benefiting the underprivileged, necessitates rigorous oversight to ensure its objectives are met. The Supreme Court’s directive for a performance audit marks a significant step towards addressing systemic flaws and enhancing the efficacy of slum redevelopment initiatives in Maharashtra.
