Mumbai: Expressing concern over poor construction quality of slum redevelopment projects which were akin to “vertical slums”, the Bombay High Court said that the lack of ventilation and space between such buildings would lead to health problems and the tenants were better off “encroaching” on the ground.
The court also remarked that this was a serious issue against right to life and personal liberty and the same needs to be addressed. The court suggested that the Maharashtra government can consider creating a housing pool which could be given at low-cost rents to the migratory population who come to the city to earn a living.
A bench of Justices Girish Kulkarni and Somasekhar Sunderesan was set up on August 12, pursuant to Supreme Court direction on July 30, to conduct a “performance audit” of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 and identify the problems faced in its effective implementation. While asking the HC chief justice to constitute a special bench, the apex court had raised concerns about the working of the slum act.
“We are not going to appreciate these vertical slums. Buildings constructed are so congested. No light, no space, no sunlight and no ventilation. This will cause health problems. They (slum dwellers) are better off on grounds, encroaching. This is a serious issue against Article 21 (right to life),” the bench said.
The court said that the public housing schemes in the United Kingdom, France, Singapore and other countries were effective. It added that we cannot lose sight of social and ground realities in India and Mumbai and a mechanism has to be developed to balance the rights of people. The influx of migrant workers will keep increasing in the city and the authorities cannot adopt a wait and watch policy.
“Migrant workers come in. Work is available, pay is available but no place to stay. Then they stay in slums. We need to understand that this won't stop. It may only increase. We cannot just wait and watch now. Can give them low cost rental housing. Let there be a housing pool that remains with the state,” the court said.
State Advocate General Birendra Saraf said that only some of the slum redevelopment buildings had issues.
The judges suggested that a committee of the Slum Rehabilitation Authority (SRA) be formed to enable the eligible slum dwellers to get their dues and avoid further proliferation of slums. “There has to be a committee of SRA having a robust mandate so that slum dwellers are in a better position,” the bench added.
The court has asked all the parties concerned to submit their suggestions on the issue which would then be looked into by the Slum Rehabilitation Authority (SRA). The HC has kept the matter for hearing on October 15.
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.”
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