Maharashtra Slum Redevelopment Law Review

The Bombay High Court has initiated a unique review of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. This review, mandated by the Supreme Court, aims to identify gaps in the legislation rather than merely assessing its constitutionality. The review comes in light of delays in slum redevelopment projects, which violate the fundamental rights of slum dwellers.

Background of the 1971 Act

The Maharashtra Slum Areas Act was established to facilitate the identification and redevelopment of slum areas in urban regions. It empowers the state to declare areas as slums and allows the Slum Rehabilitation Authority (SRA) to oversee redevelopment. The Act mandates rehabilitation and relocation of slum dwellers, ensuring they receive adequate housing.

Incentives for Developers

The Act incentivises private developers to participate in slum redevelopment. Developers can receive additional construction area and higher Floor Space Index (FSI) in exchange for providing housing to slum dwellers. This has led to increase in the vertical growth of Mumbai’s skyline but raises questions about the prioritisation of profit over community welfare.

Issues with Implementation

The implementation of the Act has faced numerous challenges. Delays in project completion have been common, with many slum dwellers waiting years for promised housing. The judiciary has noted that these delays infringe on the rights to shelter and livelihood. A notable case involved a project in Borivali, where delays stretched nearly two decades before intervention.

Judicial

The Supreme Court has brought into light the inefficiencies in the judicial review process concerning slum redevelopment. It has emphasised that both the developers and the SRA must be held accountable for timely project completion. The court has also raised concerns about the independence of statutory bodies involved in slum redevelopment, suggesting a potential regulatory capture.

Key Areas for Review

The Supreme Court has identified several areas needing attention:

• Identification of Slum Areas – Concerns about the integrity of the process due to builder influence.
• Verification of Slum Dwellers – Complications arise in proving residency status, leading to disputes.
• Selection of Developers – The process is often manipulated by rival developers, affecting fair competition.
• Apportionment of Redevelopment Land – Developers frequently contest land allocation, disadvantaging slum dwellers.
• Transit Accommodation – Developers sometimes fail to provide adequate housing during redevelopment.
• Functioning of Statutory Authorities – Lack of independence and accountability raises serious concerns.

Current Proceedings

The Bombay High Court has begun detailed hearings on these issues. The court is considering suggestions for addressing the housing crisis, including policies for rental accommodations and the management of open spaces in urban areas. The hearings are ongoing, with future sessions scheduled to continue addressing these critical issues.

Questions for UPSC:

1. Examine the role of statutory bodies in urban redevelopment projects and their impact on slum dwellers.
2. Discuss the implications of regulatory capture in governance, using examples from urban housing policies.
3. What are the challenges faced by slum dwellers in accessing their rights? Critically analyse the legal frameworks in place.
4. What is the significance of housing as a fundamental right in India? Discuss in the light of urban development policies.

Answer Hints:

1. Examine the role of statutory bodies in urban redevelopment projects and their impact on slum dwellers.

1. Statutory bodies like the Slum Rehabilitation Authority (SRA) are responsible for overseeing slum redevelopment projects.
2. They facilitate the identification of slum areas and ensure compliance with rehabilitation mandates.
3. However, issues of lack of independence and accountability have been observed, leading to regulatory capture.
4. Delays in project completion often violate the rights of slum dwellers to shelter and livelihood.
5. Judicial oversight has brought into light the need for these bodies to enforce timely project execution.

2. Discuss the implications of regulatory capture in governance, using examples from urban housing policies.

1. Regulatory capture occurs when regulatory agencies are dominated by the interests they regulate, undermining public interest.
2. In urban housing, builders may manipulate statutory bodies to gain undue advantages in slum redevelopment projects.
3. This leads to prioritization of profit over the welfare of slum dwellers, causing delays and inadequate housing.
4. Examples include the influence of developers in the selection process of housing projects, compromising fairness.
5. The Supreme Court’s concerns about the independence of statutory bodies highlight the need for reforms to prevent capture.

3. What are the challenges faced by slum dwellers in accessing their rights? Critically analyse the legal frameworks in place.

1. Slum dwellers face challenges such as lengthy delays in project completion, often waiting years for promised housing.
2. Legal frameworks like the Maharashtra Slum Areas Act aim to protect their rights but face implementation issues.
3. Verification of residency status can lead to disputes, hindering access to benefits under redevelopment schemes.
4. The selection of developers is often manipulated, affecting the quality and timeliness of housing provided.
5. Lack of accountability in statutory authorities further complicates the enforcement of slum dwellers’ rights.

4. What is the significance of housing as a fundamental right in India? Discuss in the light of urban development policies.

1. Housing is recognized as a fundamental right under the right to life (Article 21) in India, emphasizing its importance for dignity.
2. Urban development policies should ensure equitable access to housing, particularly for marginalized communities like slum dwellers.
3. Failure to provide adequate housing can lead to violations of fundamental rights, as seen in prolonged redevelopment delays.
4. Policies must balance development with social welfare, ensuring that profit motives do not overshadow community needs.
5. The ongoing review of the Maharashtra Slum Areas Act marks the need for legal frameworks to adapt to these rights effectively.