Bombay HC Reviews Maharashtra Slum Redevelopment Act

March 3, 2025

Recently, the Bombay High Court initiated a groundbreaking review of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. This legislation has influenced Mumbai’s urban landscape. The Supreme Court mandated this review following prolonged delays in slum redevelopment projects, which have raised concerns about the fundamental rights of slum dwellers.

About the 1971 Act

The Maharashtra Slum Areas Act allows the government to designate slum areas and acquire them for redevelopment.
The Slum Rehabilitation Authority (SRA) is responsible for overseeing these projects.
The law aims to provide housing for slum dwellers while enabling developers to profit from redevelopment opportunities.
In 1995, the Maharashtra Slum Rehabilitation Act was introduced, allowing private developers to fund redevelopment in exchange for additional construction rights.

Issues Identified in Slum Redevelopment

The review process brought into light several issues. Delays in project completion have been rampant, often violating the rights of slum dwellers. Developers frequently fail to provide timely transit accommodation. The selection process for developers is often influenced by competing interests, leading to manipulation and disputes among slum dwellers.

Judicial Intervention and Findings

The Supreme Court has intervened multiple times, noting the inefficiency of the current system. The court emphasised that slum redevelopment should not be treated purely as a real estate venture but as a public service essential for the right to life of the affected citizens. The court also flagged the lack of accountability among statutory authorities overseeing these projects.

Key Areas for Review

The SC identified critical areas for review, including:

Authority Functioning: Concerns exist regarding the independence and effectiveness of statutory bodies involved in redevelopment.
Land Identification: The process for declaring land as slum is often compromised by builder influence.
Transit Accommodation: Delays and inadequacies in providing temporary housing for displaced slum dwellers are common.
Dwellers Identification: Establishing the status of slum dwellers is complex and contentious.
Developer Selection: The current system allows for manipulation by developers, undermining fair selection.
Land Apportionment: Developers often seek a greater share of saleable land, leading to disputes.

Current Proceedings

The Bombay High Court has suggested innovative policies for rental accommodation and open spaces to address the mass housing problem. Ongoing discussions include the need for a performance audit of the Act to ensure it meets its intended goals.

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