HC criticises poor urban planning; orders audit of Slum Areas Act

The Bombay High Court has directed the Maharashtra government to establish a high-level expert committee within four weeks to conduct a performance audit of the Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The committee has been instructed to submit its report within 10 months. The order was passed while reviewing the implementation of the decades-old legislation aimed at making Mumbai slum-free.

A special bench comprising Justice Girish Kulkarni and Justice Advait Sethna observed that the dream of a “slum-free Mumbai” remains far from reality even after more than 50 years. In its strongly worded judgment, the court stated that the official machinery had failed to eradicate slums and fulfil the objectives envisioned under the 1971 Act. The court remarked that large portions of Mumbai continue to remain occupied by slums, raising serious concerns about urban planning and redevelopment policies in a city regarded as India’s financial capital. It was observed that town planning models which fail to evolve with time become ineffective for rapidly growing metropolitan cities like Mumbai.

The bench also stressed that slum rehabilitation projects should not be carried out at the expense of open spaces. A scientific and area-wise redevelopment strategy was recommended to ensure balanced urban growth and sustainable housing development. According to the court, political will and strong executive commitment would be essential to improve Mumbai’s housing and planning systems. Concerns were further raised over the repeated extension of cut-off dates for recognising slum dwellers. The court recommended a complete freeze on future extensions, observing that illegal encroachments should not be incentivised through free rehabilitation housing.

The judgment also highlighted the condition of slums near Mumbai’s international airport, stating that such settlements create an image of Mumbai as a “city of slums” for travellers. Additionally, the court warned against the creation of “vertical slums” through poorly planned rehabilitation buildings developed by inexperienced builders.