Mumbai's open spaces and sports facilities should be preserved, the Bombay High Court (HC) emphasised on this on December 5. The court was stressing their role in creating a healthier and more promising future for future generations. Concerned about the city's shrinking green areas, the court called for a proactive strategy.
"It is for future times. What are we passing on to the following generation?" questioned a bench consisting of Justices Advait Sethna and Girish Kulkarni.
A suo motu case concerning a review of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, in response to a July 30 Supreme Court ruling, was being heard by the bench. In a previous ruling, the Supreme Court raised issues regarding the Act's application and requested that the HC carry out a "performance audit." The audit of an audit will be carried out by the court for the first time.
Justice Kulkarni raised concerns about where young athletes would train if open spaces were given to private developers for redevelopment, referring to India's bid to host the 2036 Olympics. Using cricket player Yashasvi Jaiswal as an example, who formerly lived in a tent near Azad Maidan and made ends meet by selling pani puri, he questioned that where will the young talent go?
Additionally, the court brought up the CIDCO-planned world-class sports stadium in Navi Mumbai, which was eventually abandoned in favour of private building. You'd like Bombay to host the Olympics? Do you go somewhere? Having a top-notch sports facility accessible to the general public was a smart idea on the part of the state. Where had it gone? asked the bench.
A study provided by an amicus curiae (friend of the court) during the hearing listed more than 100 obstacles that hindered the Act's implementation, including the difficulty of recognising and designating slum regions. The state would take care of matters that could be resolved administratively, and if required, it would look into changing the law, Advocate General Birendra Saraf promised the court. Saraf stated that a few adjustments have already been made to ensure the Act is implemented effectively.
"Addressing the city's fundamental issues will be the court's first priority. We need to address the primary, most obvious issues first, and then we look at the other issues. That is how we attempt to concentrate on the primary issue that is troubling us, the Bombay residents," said Justice Kulkarni.
Some developers filed petitions to overturn the government circular requiring them to pay two years' worth of rent in advance before beginning any reconstruction. Saraf highlighted that the provision was put into place to make sure that slum dwellers would be taken care of in the event that the developer failed to make payments on time.
The HC requested ideas from all parties involved by January 31 and instructed the state to discuss the report by January 15. On February 14, the court will start holding regular hearings on the case.
Share
Tweet
