Maharashtra is only state where encroachers get free housing: HC

In scathing remarks, the Bombay High Court on Friday said Maharashtra was the only state in the country where encroachment is rewarded with free housing. Unending illegal construction has made the problem of mass housing all the more complicated, it said. A division bench of Justices Girish Kulkarni and Advait Sethna noted that it had, in a past judgement, asked whether such a policy was permissible under the Constitution. "We are the only state, thanks to the wonderful policy of the government, where you encroach and get free housing....In one of our judgments, we had asked whether this would be permissible. Is this a constitutional policy, recognised by the Constitution?" it asked. The bench was hearing a petition taken up suo motu (on its own) regarding a review of the Maharashtra Slum Areas (Improvement, Clearance, and Redevelopment) Act, 1971, following a Supreme Court judgment of July 30, 2024. The apex court had highlighted concerns about the Act's implementation, and directed the High Court to conduct a "performance audit." This marks the first time the court will conduct an audit of an Act.

"Mass housing problem is a vexed problem due to encroachments. It is cascading.You have state, private, municipal, central government lands," the HC observed on Friday, adding that illegal constructions come up on even mangrove lands which are, in time, declared as slum areas.

"Slowly, mangroves are gone, and slums are created. Then these slums are declared as eligible slums (for redevelopment and similar benefits)," the court said.


Senior counsel Darius Khambata, appointed to assist the court, said no one has the right to trespass and squat, even though economic realities force migrants to live in informal settlements due to the lack of affordable housing.

The high court, meanwhile, also expressed apprehension that unchecked redevelopment would lead to an unbearable urban environment. It also reiterated concerns about Mumbai's dwindling green spaces and sports facilities.

The matter would be further heard on February 27.