Bombay High Court raises concern over poor construction of slum redevelopment buildings; calls them vertical slums

Mumbai: The Bombay High Court on Friday raised concerns about the poor manner in which slum redevelopment buildings were constructed in the city, terming these structures as "vertical slums".

A division bench of Justices G S Kulkarni and Somasekhar Sunderesan said such buildings were constructed in a congested manner, with no space between them, cutting off ventilation and sunlight.

"We are not going to appreciate these vertical slums. Buildings constructed are so congested. No light, no space, no sunlight and no ventilation. This will cause health problems. They (slum dwellers) are better off on grounds encroaching," the court said.

The bench called it a serious issue against Article 21 (right to life and personal liberty) of the Constitution.

The bench was set up last month to undertake a "performance audit" of the Maharashtra Slum Area (Improvement, Clearance and Redevelopment) Act following directives issued by the Supreme Court.

The apex court had raised concerns about the working of the Act.

The high court on Friday said there has to be robust implementation of provisions of the Act, citing examples of public housing projects in foreign countries.

It noted that the influx of migrant workers in the city will keep increasing, and the authorities cannot adopt a wait-and-watch policy.

"Migrant workers come in...work is available, pay is available, but no place to stay. Then they stay in slums. We need to understand that this won't stop. It may only increase. We cannot just wait and watch now," it said.

The bench directed all parties concerned to submit their suggestions on the issue, which the Slum Rehabilitation Authority (SRA) will look into.

The court posted the matter for further hearing on October 15.

On July 30, the Supreme Court asked the high court to set up a bench to "initiate suo motu proceedings" to conduct a performance audit of the state slum redevelopment law, noting, "The welfare legislation for the poor is gridlocked and more than 1,600 cases related to the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act are pending before the Bombay High Court."