The Bombay High Court on Friday stressed the need to make Mumbai a slum-free city and expressed concern over the treatment of slum dwellers by private developers.
A division bench comprising Justices G.S. Kulkarni and Somasekhar Sunderesan highlighted the importance of strict implementation of the Maharashtra Slum Area (Improvement, Clearance and Redevelopment) Act. "The vision is to have Mumbai, which is considered an international city and the financial capital of our country, slum-free," the court stated. "This Act will help that vision."
The court noted that the responsibility for implementing the Act lies with the government. The bench was established last week to conduct a "performance audit" of the Act following directives from the Supreme Court in July. The apex court had expressed concerns regarding the Act's effectiveness.
On Friday, the Bombay High Court emphasised the need for sustainable development and questioned the future of Mumbai if the city becomes merely a "concrete jungle."
The court compared Mumbai to cities like London, which prioritise open spaces, and emphasised, "We need sustainable development. We cannot just have a concrete jungle with no open space."
The bench also raised issues about delays and the quality of work in slum redevelopment projects. "We are really concerned about the plight of slum dwellers," the court said. "Merely because you are a slum dweller doesn't mean that you are left to the discretion of developers. They end up with a pittance. Slum dwellers are victims at the hands of these developers."
The court called for greater accountability from developers to ensure timely and high-quality development. "There ought not to be a situation where a developer is appointed and then the project doesn’t go ahead," it said. "There has to be robust and professional development."
Concerns were also raised about the future upkeep of redevelopment projects. "It shouldn’t happen that in 10 years, the building has to be redeveloped," the court noted. "It becomes dilapidated with no maintenance."
The court suggested that the government consider implementing a rental housing or tenement policy for migrant workers, stating, "You (government) think Mumbai can survive without migrant workers? We can have tenements or rental housing."
The Supreme Court had previously directed the Bombay High Court to set up a bench to conduct the performance audit of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, noting that over 1,600 related cases are pending before the court.
The bench has directed the government, Slum Rehabilitation Authority, and other parties to file their affidavits and has scheduled the next hearing for September 20.
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