Mumbai: Expressing shock over large-scale illegal transfers of slum rehabilitation flats, the Bombay High Court has questioned whether the Slum Rehabilitation Authority (SRA) has any control left over the very schemes it is mandated to regulate. The court has directed the SRA’s chief executive officer (CEO) to personally inspect the Sion-Koliwada project and file a detailed report.
Half Of Flats Already Sold
On September 17, a bench of Justices Girish Kulkarni and Aarti Sathe noted that though the Nirmal Nagar SRA CHS received a part-occupation certificate on January 7, for accommodating 804 slum dwellers, at least 410 had already sold their flats. “This is highly unconscionable and shocking to say the least,” the judges remarked.
Project Details And Complaints
The project, developed by Sejal Shakti Realtors, comprises a 41-storey building with three wings. Of 1,340 eligible persons, 804 were allotted tenements of 300 sq ft each. Four eligible slum dwellers, however, approached the HC after being denied their rightful accommodation.
Evidence Of Connivance
Petitioners’ advocate relied on a 2014 tehsildar’s report showing that hundreds of rehabilitation agreements were executed in the names of persons other than the original beneficiaries.
The court said this pointed to serious connivance between the developer and SRA officials. “As to how such transfers were permitted and agreements registered, there would be no alternative for this Court but to institute an inquiry,” it observed.
HC Orders CEO To Act
The bench directed the SRA CEO to ascertain the number of illegal occupants and submit data from both the developer and the SRA. If widespread violations are confirmed, the CEO has been authorised to evict unauthorised occupants and repossess flats for allotment to project-affected persons. “The agreements which are contrary to rules can never be recognised,” the court stressed.
Doubts Over SRA’s Control
The judges said, “If what is contended on behalf of the petitioner is to be the correct position, we have a grave doubt as to whether the SRA continues to have any statutory control whatsoever, in the manner known to law, qua the slum schemes it governs.”
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Warning Against Misuse
Cautioning against ‘day-in and day-out illegalities,’ the judges said: “It is high time that the CEO put his house in order. Such abuse of the scheme defeats the whole object of the legislation.” The matter will be heard again on October 1.
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