Bombay HC Constitutes Special Bench For Performance Audit Of Maharashtra Slum Redevelopment Act Following SC Directive

Mumbai: The Bombay High Court on Tuesday constituted a special bench to undertake a “performance audit” of the Maharashtra Slum Area (Improvement, Clearance and Redevelopment) Act, 1971. Chief Justice DK Upadhyaya issued a notice constituting the special bench pursuant to Supreme Court directions on July 30.

“The Hon’ble the Chief Justice is pleased to constitute the Division Bench presided over by the Hon’ble Shri. Justice G. S. Kulkarni in pursuance of the directions by the Hon’ble Supreme Court of India… for reviewing the working of the Statute viz., Act 1971 to identify the cause of the problems indicated in Paragraph 34 of the Judgment dated 30.07.2024,” the notice read.

The bench presided over by Justice Girish Kulkarni will take up Suo Motu proceedings on August 16.

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.”

It further noted that: The executive branch has a constitutional duty to ensure that the purpose and object of a statute is accomplished while implementing it. It has the additional duty to closely monitor the working of a statute and must have a continuous and a real time assessment of the impact that the statute has…”

The SC had passed the order while hearing an appeal filed by Yash Developers challenging the order of the HC, which, in 2022, upheld cancellation of the slum redevelopment project granted for developing Harihar Krupa co-operative housing society in Borivali. The project was awarded to Yash in 2003, which was cancelled by the Apex Grievance Redressal Committee on August 4, 2021, following a delay of two decades.