This group of writ petitions challenges the constitutional validity of sections 14 and 17 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (“Slum Act”, for brevity).

2. In Mumbai city, otherwise known as the commercial capital of India, more than half the population resides in slums. While ordinarily we look at proliferation of slums as merely in terms of encroachments and unauthorised constructions, the draft National Slum Policy formulated by the Government of India in the Department of Urban Development and Poverty Alleviation recognises that slums are an integral part of urban areas and contribute significantly to their economy both through their labour market contributions and informal production activities. The draft policy, therefore, endorses an upgrading and improvement approach in all slums. The policy further acknowledges that cities without slums should be the goal and objective of all urban planning for social and economic development.

3. Long before formulation of the draft National Slum Policy, the Legislature in the State of Maharashtra enacted the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 to make better provision for the improvement and clearance of slum areas in the State and their redevelopment and for the protection of occupiers from eviction and distress warrants and for matters connected with the said purposes. Originally, the perspective was that a slum area is or may be source of danger to the health, safety or convenience of the public of that area or of its neighbourhood, the reason of the area having inadequate or basic amenities or being in insanitary, squalid and over-crowded and, therefore, unfit for human inhabitation. The Act, therefore, empowers the Competent Authority to declare such area to be a slum area. A person aggrieved by such declaration may file an appeal to the Slum Tribunal within 30 days after the date of such declaration in the official gazette.

4. After such declaration of an area as “slum area”, where the Competent Authority is satisfied that a slum area is capable of being improved at a reasonable expense so as not to be source of danger to the health, safety or convenience of the public of that area, it could call upon the owner/s and every mortgagee of the properties in that area or any part thereof, to submit their objections or suggestions, if any, to the Competent Authority to carry out necessary improvement works in the slum area and thereafter the Competent Authority may proceed to carry out the improvement work such as laying of water mains, sewers, storm water drains, provision of urinals, latrines, community bath and water taps, widening of existing roads, lanes, etc. and constructing new roads/lanes, etc. providing parks, playgrounds, welfare and community centres, schools, dispensaries, etc. and demolition of obstructive or dilapidated buildings for the purpose of such improvement, the Competent Authority could call upon the occupiers in any area to vacate their premises, if possible, after offering alternative sites.

Under section 5C, the Competent Authority could even call upon the owners of the buildings/lands in the area to execute works of improvement either within or outside the buildings or the area so as to make the buildings or the area fit for human habitation or free from such danger. If the owners of the buildings or the lands fail to execute the works of improvement as required by the Competent Authority within the time limits specified in the notice, the Competent Authority may do the improvement work with the costs to be paid by the owners of the buildings or the lands.

5. While the above scheme of slum improvement is contained in Chapter III of the Slum Act, Chapter IV contains provisions for slum clearance and redevelopment. Where upon a report from any of its officers or other information in its possession, the Competent Authority is satisfied in respect of any slum