The Bombay High Court Friday directed the government to constitute an expert panel within four weeks to carry out a performance audit of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, to make it more effective and to achieve the “distant dream” of “slum-free” Mumbai and other major cities in the state.

A special bench comprising Justices Girish S Kulkarni and Advait M Sethna delivered a verdict on a suo motu plea, initiated in response to a July 2024 Supreme Court directive to review the working of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, and assess its implementation.

The High Court conducted a unique, “one-of-its-kind” review of the 1971 Act, hearing all stakeholders, moving beyond mere examination of its constitutional validity and identifying areas where it falls short. The Act, which focuses on the identification and upgradation of slum areas, has played an important role in the vertical expansion of Mumbai. However, delays in slum rehabilitation projects have been ruled by courts to be harmful to slum dwellers.

While pronouncing the verdict Friday, the Bombay High Court said, “As we feel, and very strongly, that there are some issues which are required to be considered by the authorities, by the state government, and those who implement the Act very seriously, if they are thinking of a very ideal situation on town-planning and which appears to have in our opinion taken a backseat, more particularly on public lands.”

The court directed that the panel should have adequate members to carry out a performance audit, “so as to make the slum Act more effective on the issues, with the only objective of enabling the government to achieve the distant dream of slum free Mumbai as well as the other major cities in the state of Maharashtra,” and said that the government can consider the panel’s recommendations.

The court added that the problems “certainly reflect an abysmal progress of the ideals of town planning expected of an international city like Mumbai when large areas are still slums” and “any town planning which does not sail with the tide of time is questionable.”

“The official machinery under the statutory mechanism, despite all the efforts urged on behalf of the authority, has failed to eradicate the slums to fulfil the dream of the year 1971 so as to convert the city into a slum free city. The continuous requirements of planning, the expectations and the rights of the citizens in that regard who live in the city, in our opinion, need to assume the highest importance,” the HC observed.

It emphasised a “need for area-wise systematic and scientific approach to be adopted to phase-wise do away with the slums in Mumbai”.

The court added that while it was a “herculean task, “it was not impossible if “those who exercise authority and power have committed determination, a robust and genuine willingness to achieve public good in this important area in the city marching in the 21st century.”

The court also said there was a need to consider having a specialised corporation for planning and redevelopment of slums with all specialised and scientific machinery” to supplement the overburdening” of the CEO of Slum Rehabilitation Authority (SRA) and the existing machinery under the Slums Act.

“We doubt whether, considering the existing situation on these issues, the slum act, with the continuous amendments it has seen, can still be considered to be any fulfilling ray of hope. It is particularly so when, over the last 55 years, the object of an ad hoc enactment like the Slums Act has lagged far behind in achieving its objectives. However, it is for the government to decide on such issues,” the Bombay High Court noted.

“At this juncture, with a deep sense of belonging to the city of Mumbai, we are reminded of the following couplet from a timeless classic, which is most befitting. Aye Dil Hai Mushkil Jeena Yahan Zara Hat Ke Zara Bach Ke, Yeh Hai Bombay Meri Jaan.”