Mumbai Can't Be Concrete Jungle With Only Skyscrapers: HC Calls For Slum-Free City With Open Green Spaces, Flags Issues In Land Management

The Bombay High Court on Friday asked the Maharashtra government and other authorities to have a vision for making Mumbai a 'slum-free' city since it is an 'international' city and expressed concern over the plight suffered by slum-dwellers at the hands of "developers."

The Court also emphasised that in the coming generations there cannot be only 'skyscrapers' in the city's 'concrete jungle as there must also be an adequate amount of 'open and green spaces.' The High Court further stated that land management in the city was not in the proper hands.

This comes after the High Court constituted a special bench last week to conduct a comprehensive audit of the Maharashtra Slum Areas (Improvement, Clearance & Redevelopment) Act of 1971, in pursuance to the July 31 order of the Supreme Court.

A division bench of Justices Girish Kulkarni and Somashekhar Sundaresan also stressed the fact that 'slum dwellers' are made 'victims' by private developers.

"You need to have this vision to make Mumbai completely slum-free since it is considered to be an international city and is also the financial capital of our country. The Maharashtra Slum Areas Act, will help in making this vision a reality...We are really concerned about the plight of slum dwellers. Just because they are slum dwellers doesn't mean that they are left to the discretion of developers. They end up with a pittance. Slum dwellers are victims at the hands of these developers, who do not intend to work. And the most unfortunate part is that the State and the Slum Rehabilitation Authority (SRA) just become mute spectators in such situations," Justice Kulkarni orally observed.

The judges took note of how private developers are brought in to redevelop a given slum area and then after evicting the slum dwellers, the developers take 'forever' to complete and sometimes the developers even stop paying the monthly rents to the inhabitants.

The judges added that the authorities must consider what it will leave for the coming generations and thus emphasised the need to have 'sustainable' development.

"We cannot have a complete concrete jungle. We cannot have only skyscrapers everywhere. Think what will happen after 100 years. What will you leave for the coming generations? A concrete jungle? There must be adequate open and green spaces. We think land management is not in proper hands. Only an absolute and robust intention will help to survive...Development and environment must go hand in hand, thus sustainable development  is the need of the hour," Justice Kulkarni underscored.

The judges called for fixing accountability on such developers so as to ensure expeditious completion of the rehabilitation projects. They added that the authorities must ensure that the developers just do not create a rehab building for slum dwellers for the sake of it and must instead resort to 'robust and professional development.'

"The redevelopment must of the highest possible quality and maintenance. It just cannot be a situation that after 10 years of handing over the redeveloped building, it becomes another slum. There must be proper maintenance and the building cannot be in a bad shape. There must be decent abode for the slum dwellers to as they are entitled to decent living," the bench underlined.

Appearing for the State, Advocate General Birendra Saraf also pointed out an 'important' aspect of the matter, which he said, was the issue of selling rehab tenements, meant for slum dwellers. The AG said usually slum dwellers, who have received rehab tenements, tend to sell the same to third parties.

"It is a vicious cycle milords. Such tenements cannot be sold but yet slum dwellers, who receive the said tenements, sell them to third parties. We are working out over probable solution to put an end to this issue. One, we are think of is if possible, the sub-registrars can ensure no such documents (of rehab flats being sold) must be registered. We are working out some things, we will file an affidavit on it," the AG submitted.

Senior Advocate Gayatri Singh recorded her appearance for slum dwellers and some organisations working for the betterment of the slums. Advocate Mayur Khandeparkar for Confederation of Real Estate Developers' Associations of India (CREDAI's) Maharashtra Unit.

The bench, therefore, ordered all the 'possible' stakeholders to file the affidavits in the matter.

It also appointed senior advocates Darius Khambatta and Sharan Jagtiani as the Amicus Curiae in the matter along with Advocate Naira Jejeebhoy.

The matter will be next heard on September 20.