The Supreme Court has requested the Chief Justice of the Bombay High Court to form a bench to initiate its own review of the Maharashtra Slum Areas Act of 1971. This review aims to identify issues in the law's implementation. With over 1,600 cases pending, the law's implementation faces significant problems. The Supreme Court directed the Chief Justice to form a bench for this crucial review, emphasising the judiciary's critical role in ensuring access to justice. The decision came during the dismissal of an appeal from Yash Developers, who faced the cancellation of a long-delayed slum redevelopment project.
The Supreme Court has directed the Bombay High Court to conduct a performance audit of the 1971 Maharashtra law focused on slum redevelopment. This law, designed to assist the poor, has over 1,600 pending cases in the High Court, leading to a gridlock in welfare legislation.
The Supreme Court has asked the Chief Justice of the Bombay High Court to form a special bench to commence an independent review of the Maharashtra Slum Areas (Improvement, Clearance, and Redevelopment) Act, 1971. Justices PS Narasimha and Aravind Kumar affirmed that the executive branch must fulfil its constitutional duty to implement statutes effectively, ensuring their intended purposes are met. They stressed the necessity of ongoing monitoring and real-time evaluation of a statute's impact, declaring that such assessments are vital for maintaining the Rule of Law.
Justices PS Narasimha and Aravind Kumar emphasised the government's duty to ensure laws achieve their intended purposes and to continuously monitor their effectiveness. They highlighted the judiciary's role in facilitating justice and supporting systemic reforms without directly interfering with executive or legislative functions. The Supreme Court's order came while dismissing an appeal by Yash Developers, a real estate firm whose slum redevelopment project in Mumbai's Borivali area was cancelled after prolonged delays. The top court also imposed a fine of INR one lakh on the firm.
Justice Narasimha, in a detailed judgement, revealed 1,612 pending cases in the High Court, including 135 over ten years old. In 20 years, 4,488 cases have been filed and disposed of the Bombay High Court reports about 923 pending cases on the appellate side and 738 on the original side. The court noted that the Act aims to provide basic housing to the poor, an essential aspect of human dignity. However, the law's tendency to generate litigation indicates issues within its framework. The court mentioned specific problems, such as the complicated process of identifying slums and slum dwellers and potential bias in recognising land as slums due to builder influence.
The Supreme Court stressed the need for the Maharashtra government to review the law and its implementation to ensure it meets its objectives. It stated that the executive branch must continuously assess the impact of laws, especially those intended to help marginalised communities, and carry out necessary reforms to make them effective.
The Supreme Court has directed the Bombay High Court to conduct a performance audit of the Maharashtra Slum Areas (Improvement, Clearance, and Redevelopment) Act, 1971, due to the law's ineffective implementation and significant backlog of cases. Justices Narasimha and Kumar emphasised the importance of ongoing evaluation and reform to ensure laws meet their objectives and fulfil their constitutional roles. The review aims to address systemic issues and streamline the process for better welfare outcomes.
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