INTRODUCTION
The Supreme Court of India has just delivered a milestone judgment regarding redevelopment of ‘censused slums’ under the Maharashtra Slum Areas (Improvement, Clearance, and Redevelopment) Act, 1971 (Maharashtra Slum Act). The ruling makes it clear that slums entered in government or municipal records, or ‘censused slums,’ are not required to be separately notified under Section 4 of the Act for redevelopment. This decision has far-reaching implications for city development and slum renewal in Maharashtra, particularly for cities like Mumbai, where slum rehabilitation has been controversial.
BACKGROUND
Rehabilitation of slums in Maharashtra is regulated by the Maharashtra Slum Act since decades, giving rise to provisions related to the identification, development, and removal of slum habitats. The Act classifies the slums under three heads:
- Censused Slums – Slums documented in government databases.
- Declared Slums – Slums that have been declared as such under Section 4 of the Slum Act.
- Recognized Slums – Slum groups recognized by the local government authority but not explicitly declared.
Prior to the Supreme Court ruling, ambiguity existed as to whether slums which are censused must have a formal notification under Section 4 prior to redevelopment. This ambiguity created controversies in the court and hindered redevelopment activities.
One of the key cases that brought this issue into the spotlight was the redevelopment of the Bandra East’s Bharat Nagar slum in Mumbai. The residents of the area were opposed to the plan on the grounds that since the area was not specially notified under the Slum Act, the redevelopment process therein was flawed. This legal grey area has since been cleared by the Supreme Court decision that stated the censused slums are admissible for redevelopment per se.
KEY POINTS
- Automatic Eligibility for Redevelopment
Automatic censused slum eligibility was construed by the Supreme Court to be covered by the ambit of the expression ‘slums’ under the Maharashtra Slum Act. The same need not be notified under Section 4 separately to get eligible for redevelopment.
- Regulation 33(10) of the Development Control Regulations (DCR)
The Court reminded that Regulation 33(10) of the DCR itself is issuing permission for the redevelopment of slums censused. The regulation is very significant because it determines the terms of slum rehabilitation schemes, i.e., benefits to developers in the form of incentives and benefits of rehabilitation to residents.
- Legal Clarity for Redevelopment Projects
The judgment leaves behind the hitherto legal ambiguities and avoids frivolous litigation, which tends to generate a delay in slum redevelopment projects. The judgment offers a clear and simple legal platform to the affected parties, i.e., the government, the builders, and the slum inhabitants.
- Impact on Slum Dwellers
The step will be helpful to slum dwellers since it will speed up redevelopment schemes. Slum dwellers will have improved housing and facilities under government-funded redevelopment schemes without procedural hurdles to discourage them.
- Urban Development Impact
By streamlining the process of redevelopment, the government makes urban renewal possible in Maharashtra, particularly in high-density urban cities like Mumbai, where slums occupy vast land areas. It assists in the overall policy of the government to provide low-income groups with low-cost housing and improved living conditions.
RECENT DEVELOPMENTS
Following the recent Supreme Court judgment, redevelopment of Bandra East’s Bharat Nagar received its green signal. The move clears the way for such developments, and following this, other slums enumerated within other jurisdictions of Maharashtra are now open to being redeveloped without necessarily being specially declared.
The decision has been welcomed by policymakers and city planners, who feel it is a major step towards solving the age-old issue of slum rehabilitation. The Maharashtra Housing and Area Development Authority (MHADA) and the Slum Rehabilitation Authority (SRA) are expected to accelerate pending projects that were previously stalled due to litigation.
But some apprehensions still remain with activists and slum dwellers. Although redevelopment promises better shelter, history has shown that bad implementation can lead to displacement and substandard rehabilitation. Ensured that slum dwellers receive their fair share in housing without being cheated by developers is still an issue. The government may need to increase monitoring systems to discourage misuse of redevelopment plans.
CONCLUSION
The Supreme Court verdict on censused slums marks a turning point in the urban development policy of Maharashtra. In ruling that censused slums are eligible for redevelopment per se, the verdict removes legal hurdles and accelerates slum rehabilitation schemes. This is in the correct direction to improve the lives of crores of slum dwellers and promote planned urbanization.
But its success would be guaranteed with enforcement. Re-development would have to be made transparent by the government with proper arrangements for protecting the occupants of the slums from removal. This action can transform the cities of Maharashtra into a better livable and inclusive form if implemented effectively.
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WRITTEN BY MARTHALA JOSHIKA REDDY
