Mumbai: The Bombay High Court on Monday held that the Maharashtra government and authorities like the Slum Rehabilitation Authority (SRA) are duty-bound to monitor all the slum redevelopment projects and ensure the same is completed in a time-bound manner. The HC has also directed the government to set up a mechanism wherein it can have a panel of known and experienced developers, which would genuinely undertake and implement the slum rehabilitation scheme. A bench under Justice Girish Kulkarni voiced concern over the condition of the slum dwellers, who are waiting for decades together to be rehabilitated. “There cannot be a myopic approach to the issues of delay in implementation of a slum rehabilitation scheme. The only mantra for the slum schemes to be implemented is it’s time-bound completion and a machinery to be evolved by the authorities, to have effective measures in that direction to monitor the schemes as a part of their statutory obligation to avoid delays,” Justice Kulkarni observed.
The bench was seized with a plea filed by a developer challenging orders of the grievance redressal committee, which ordered it to stop the redevelopment of a city-based slum.
The developer failed to redevelop the slum and the residents were compelled to wait for their homes since 1997. Taking note of the inordinate delay, Justice Kulkarni said, “Non-commencement of the slum scheme for long years and substantial delay in completion of the slum schemes should be a thing of the past. The authorities should weed away and reprimand persons who are not genuine developers and who are merely agents and dealers in slum schemes.” “It clearly appears that in the present case, the entire redevelopment of the slums is left in the hands of the developer by the slum dwellers, who are struggling to appoint one developer after another. The MHADA appears to be an absolute alien when all these actions are being taken by the society,” Justice Kulkarni noted.
The judge, while dismissing the plea of the developer, also warned the government that it must seriously consider introducing a strict policy to monitor such redevelopment schemes. “It is high time that at least in regard to the slums on government lands or land belonging to public bodies, the government needs to have a concrete and effective policy, which may include a panel of reputed contractors/developers, which would genuinely undertake and implement the slum rehabilitation scheme and bring a speedy and effective rehabilitation of slum dwellers,” Justice Kulkarni observed.
The court further said that to bring down such instances, only a ‘will’ is required. “Surely the hands of the government and its authorities are not so weak. What is required is a willingness and an able and authoritative guidance from those who wield these powers for public good. It would be for the good wisdom of the government and its policy makers to deliberate on these issues which are also of immense importance to a city like Mumbai where large parts of the limited lands are under slums,” Justice Kulkarni observed.
Narsi Benwal
