Bombay HC Forms Special Bench to Review Maharashtra Slum Areas Act Amid SC Concerns

Bombay HC Forms Special Bench to Review Maharashtra Slum Areas Act Amid SC Concerns

The Bombay High Court has established a special division bench, led by Justice G.S. Kulkarni, to examine the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The bench will commence its proceedings on August 16, 2024, following a Supreme Court directive.

This move comes after the Supreme Court's verdict in Yash Developers vs. Harihar Krupa Co-operative Housing Society Limited, issued on July 30, which stressed the need for a thorough performance audit of the Act. Justices P.S. Narasimha and Aravind Kumar highlighted the importance of evaluating the statute’s implementation to ensure the rule of law.

The Supreme Court’s ruling was prompted by a case involving a slum redevelopment project delayed by over 20 years, leading to the contract’s termination. The Court identified several issues with the Act, including problems with slum area identification, proof of residency, developer selection, land disputes, and inadequate temporary housing.

With 1,612 pending cases related to the Act in the Bombay High Court, including 135 cases older than a decade, and a total of 4,488 cases filed over the past 20 years, the Act’s effectiveness and enforcement have come under scrutiny. The Supreme Court also criticized the current remedies and the independence of the authorities enforcing the law.

The newly formed bench will address these concerns and seek to enhance the Act's implementation, inviting all stakeholders and relevant authorities to contribute to the review process.

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