Bombay High Court Takes Initiative to Review Slum Redevelopment Law
The Bombay High Court has initiated suo motu proceedings to review the working of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.
Bombay High CourtSlum RedevelopmentMaharashtra Slum Areas Act1971Real EstateReal EstateAug 13, 2024
Chief Justice Devendra Kumar Upadhyaya constituted a special division bench presided over by Justice Girish S Kulkarni to hear the plea. The bench led by Justice Kulkarni will begin the suo motu proceedings on August 16.
The move comes two weeks after the Supreme Court directed the Bombay High Court to consider ordering a performance audit of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The Supreme Court had passed a judgment dismissing an appeal of “Yash Developers” against the Bombay HC verdict.
In 2022, a single-judge bench of Justice Kulkarni had upheld cancellation of a slum-redevelopment project granted in favour of a real estate firm in 2003 for developing a slum in Borivali. The project was prolonged for over two decades and the agreement was terminated by the Apex Grievance Redressal Committee on August 4, 2021.
The Supreme Court had referred to data extracted from the National Judicial Data Grid (NJDG) data which revealed that a total of 1612 cases, involving disputes arising under the 1971 Act, are pending before the high court. Of these, 135 cases are more than 10 years old.
The apex court had noted that the Act is a beneficial legislation, intended to materialize the constitutional assurance of dignity of the individual by providing basic housing, so integral to human life. However, the propensity and the proclivity of the statute to generate litigation are worrisome.
The representatives of the Government, the Statutory Authorities under the Act 1971 and the necessary stakeholders including intended beneficiaries shall take note of the same, the notice issued by the HC registry stated.
Information
The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 was enacted to provide for the improvement, clearance, and redevelopment of slum areas in the state of Maharashtra.
The Bombay High Court is the high court of the Indian state of Maharashtra. It is one of the oldest high courts in India, established in 1862.
Frequently Asked Questions
What is the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971?
The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 is a law enacted to provide for the improvement, clearance, and redevelopment of slum areas in the state of Maharashtra.
Why did the Bombay High Court initiate suo motu proceedings to review the working of the 1971 law?
The Bombay High Court initiated suo motu proceedings to review the working of the 1971 law to identify the causes of problems faced in its implementation.
How many cases involving disputes arising under the 1971 Act are pending before the high court?
A total of 1612 cases, involving disputes arising under the 1971 Act, are pending before the high court.
What did the Supreme Court say about the Act in its judgment?
The Supreme Court noted that the Act is a beneficial legislation, intended to materialize the constitutional assurance of dignity of the individual by providing basic housing, so integral to human life.
What is the next step in the suo motu proceedings initiated by the Bombay High Court?
The special division bench presided over by Justice Girish S Kulkarni will begin the suo motu proceedings on August 16.
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