Supreme Court Orders Audit of Maharashtra Slum Areas Act, 1971 Amidst Implementation Issues
The Supreme Court has directed the Bombay High Court to initiate suo motu proceedings and audit the Maharashtra Slum Areas Act, 1971 to identify implementation problems.
Supreme CourtBombay High CourtMaharashtra Slum Areas ActYash DevelopersSlum RedevelopmentReal Estate MaharashtraAug 02, 2024
According to the Bench of justices PS Narasimha and Aravind Kumar, 'The Executive branch has a constitutional duty to ensure that the purpose and object of a statute is accomplished while implementing it. It has the additional duty to closely monitor the working of a statute and must have a continuous and a real time assessment of the impact that the statute is having.'
Referring to the National Judicial Data Grid (NJDG) data, the Bench highlighted that 4,488 cases related to the slum redevelopment Act have been filed with the HC and disposed of in the last 20 years. The Bench mentioned that over 1,612 cases related to the slum redevelopment Act are pending before the HC. Out of these, around 135 cases are more than a decade old.
The Bench highlighted that it is difficult to identify and declare land as slum and the process of identifying slum dwellers was a complicated process. However, these problems under the policy framework should have come under Maharashtra government's purview.
Information
Housing.com is a leading real estate platform in India, providing comprehensive solutions to home buyers and sellers. The platform offers a range of services, including property listings, real estate news, and expert advice.
About Yash Developers
Yash Developers is a well-known real estate developer in Maharashtra, known for its slum redevelopment projects in the state.
About Bombay High Court
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. The court has jurisdiction over the state of Maharashtra and the union territory of Dadra and Nagar Haveli.
About Supreme Court of India
The Supreme Court of India is the highest judicial court in India. It was established on January 28, 1950, and is headquartered in New Delhi. The court has the power to interpret the Constitution of India and has jurisdiction over all civil and criminal cases in the country.
Frequently Asked Questions
What is the Maharashtra Slum Areas Act, 1971?
The Maharashtra Slum Areas Act, 1971 is a legislation aimed at improving, clearing, and redeveloping slum areas in the state of Maharashtra.
Why did the Supreme Court order an audit of the Maharashtra Slum Areas Act, 1971?
The Supreme Court ordered an audit of the Maharashtra Slum Areas Act, 1971 to identify implementation problems and ensure that the purpose and object of the statute is accomplished.
How many cases related to the slum redevelopment Act are pending before the Bombay High Court?
According to the National Judicial Data Grid (NJDG) data, over 1,612 cases related to the slum redevelopment Act are pending before the Bombay High Court.
What is the role of the Executive branch in implementing a statute?
The Executive branch has a constitutional duty to ensure that the purpose and object of a statute is accomplished while implementing it. It also has the duty to closely monitor the working of a statute and have a continuous and real-time assessment of its impact.
Who is Yash Developers and what is their connection to the case?
Yash Developers is a real estate developer who moved the apex court against the 2022 verdict issued by the Bombay High Court terminating their slum redevelopment project in Borivali.
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