The ruling was delivered during proceedings initiated by the High Court following directions issued by the Supreme Court of India to examine the ground-level effectiveness of the legislation governing slum redevelopment and rehabilitation in Maharashtra.
A Division Bench comprising Justices GS Kulkarni and Advait Sethna strongly criticised the poor progress of slum rehabilitation and urban planning in Mumbai despite the law remaining in force for more than five decades. The Court observed that the statutory machinery had failed to eliminate slums despite repeated efforts to transform Mumbai into a slum-free city.
In its judgment, the Court directed the State government to establish a committee with adequate and appropriate expertise to undertake a comprehensive review of both the provisions of the Slum Act and its implementation on the ground. The Bench indicated that the committee should include senior bureaucrats from the urban development department, a representative from the Directorate of Town Planning, independent architects experienced in building construction and urban planning, and public representatives possessing specialised expertise in town planning.
The committee has been tasked with carrying out a detailed performance audit of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 and submitting its findings to the State government. The Court further directed the government to examine the report and take necessary action based on the committee’s recommendations.
The judgment marks a major judicial scrutiny of Maharashtra’s long-standing slum rehabilitation framework and raises serious questions about the effectiveness of urban redevelopment policies in Mumbai, where large sections of the population continue to reside in informal settlements despite decades of legislative and administrative measures.
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