Bill introduced to give slums protection
EXPRESS NEWS SERVICE

The new legislation which will confer legal protection on slumdwellers and pavement dwellers predating January 1, 1995, was introduced in the state Legislative Assembly on Friday.

The bill to amend the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, will protect slumdwellers from eviction and treat them as protected occupants. It will make it mandatory for the government to relocate and rehabilitate pre-1995 slumdwellers if they are required to be evicted inthe larger public interest.

According to the bill, the cut-off date for regularising and protecting unauthorised structures and occupants will be pegged at January 1, 1995. It also has provisions for the demolition of unauthorised and illegal structures constructed after that date. Persons responsible for the construction of illegal structures along with those who aid and abet constructions such as these will be liable for imprisonment from a minimum three years and a fine of Rs. 2,500 to Rs. 5,000.

The competent authority or its officers who have aided or abetted the construction of any illegal construction or have failed to demolish such structures are also being made liable for punishment for dereliction of duty.

While the government hopes to curb the proliferation of encroachers in Mumbai with the help of the amended act, experts say the legislation will only encourage slums as pre-1995 encroachers will receive legal protection.

Following pressure mounted by ruling Congress legislation in Mumbai, the government decided to extend legal cover to non-residential structures as well as pavement dwellers. Also, the responsibility of rehabilitation of pavement dwellers will be now lie with the government. None of the pre-1995 slumdwellers can be shifted from the encroached area till they are provided alternative accommodation.

An ordinance to this effect was promulgated by the governor on May 18. While introducing the bill in the legislature, the government has modified certain provisions in the ordinance.