Bombay High Court forms special Bench to review slum redevelopment law, following Supreme Court order

Bombay High Court establishes special bench to review Maharashtra Slum Areas Act following Supreme Court ruling.

The Bombay High Court on Tuesday (August 13, 2024) established a special division bench to review a Suo moto Public Interest Litigation (PIL) for carrying out a comprehensive audit of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.  

The notification issued by H.M. Bhosale, Registrar Judicial (I), reads, “It is hereby notified for the information of the advocates, parties-in-person, stakeholders and statutory authorities under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 that the Honourable the Chief Justice is pleased to constitute the Division Bench presided over by the Honourable Justice G. S. Kulkarni in pursuance of the directions by the Honourable Supreme Court of India in Civil Appeal No. 8127 of 2024 [Yash Developers Vs. Harihar Krupa Co-operative Housing Society Limited and Ors.] for reviewing the working of the Statute viz., Act 1971 to identify the cause of the problems indicated in Paragraph 34 of the Judgment dated 30.07.2024. The Division Bench presided over by the Honourable Justice G. S. Kulkarni will take up Suo Motu proceeding on 16.08.2024. 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.” 

This special Bench is constituted following a Supreme Court ruling in the case of Yash Developers vs Harihar Krupa Co-operative Housing Society Limited.   

In that July 31 order, the Division Bench of Justices P.S. Narasimha and Aravind Kumar said, “The purpose of such review is to ensure that a law is working out in practice as it was intended. If not, understand the reason and address it quickly.”

“It is in this perspective that this court has, in a number of cases, directed the Executive to carry a performance/assessment audit of a statute or has suggested amendments to the provisions of a particular enactment so as to remove perceived infirmities in its working.” he added.  

The judges emphasised that a total of 1,612 cases under the Maharashtra Slum Areas Act are still pending before the Bombay High Court. Of this data, 135 cases are more than 10 years old. In the last 20 years, 4,488 cases have been filed and disposed of by the High Court. The latest data reveals that 923 cases on the appellate side and 738 cases on the original side continue to be pending adjudication.