Mumbai: The Bombay High Court on Friday directed the state government to set up a high-level expert committee within four weeks to conduct a performance audit of the Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, observing that the dream of a “slum-free Mumbai” remains far from reality even after more than five decades.
The committee has been asked to submit its report within 10 months. The bench remarked that improving Mumbai’s planning and housing situation would require political will and executive commitment.
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A special bench of Justices Girish Kulkarni and Advait Sethna said slum rehab projects should not come “at the expense of open spaces” and called for a scientific, areawise approach to redevelopment. The special bench was constituted to hear the suo motu plea regarding a review of the Slum Act following a Supreme Court judgment on July 30, 2024. The apex court had earlier highlighted concerns about the Act’s implementation and asked the HC to conduct a ‘performance audit.’
In a strongly-worded 264- page judgment, the bench said, “The official machinery… has failed to eradicate the slums to fulfil the dream of 1971 to convert the city into a slum-free city.”
The judges noted that large parts of Mumbai continue to remain under slums, raising serious questions about urban planning. “The problems which are discussed certainly reflect an abysmal progress of the ideals of town planning expected of an international city like Mumbai. Any town planning which does not sail with the time is questionable,” the court said.
The court also recommended a complete freeze on cut-off dates for recognising slum dwellers, saying no further extensions should be granted. According to the bench, people migrating to cities should secure housing either through public housing schemes or the open market, and illegal encroachments should not be incentivised through free rehabilitation housing.
The judgment also flagged the condition of slums around the international airport, saying such areas project Mumbai as a “city of slums” to domestic and international travellers. The bench said there was an urgent need to relocate slums situated near vital installations and in areas where redevelopment is not feasible due to restrictions.
Raising concerns over the quality of rehabilitation buildings, the court warned against the creation of “vertical slums”, criticising the role of inexperienced “by-night developers” in slum projects. Quoting the iconic song from movie ‘CID’, the judges observed: “Aye dil hai mushkil jeena yahan, zara hatke zara bachke, yeh hai Bombay meri jaan.”
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