MUMBAI: The Bombay High Court has taken a serious stance regarding illegal transfers of flats built under the slum rehabilitation scheme in Sion-Koliwada. The court has called for a report from the CEO of the Slum Rehabilitation Authority (SRA). It was reported that although a part-occupation certificate was issued to Nirmal Nagar SRA CHS on January 7 to house 804 slum-dwellers, 410 of them have sold their flats.
“If the petitioner’s claims hold true, we have significant doubts about the legality of the Slum Rehabilitation Authority’s control over the slum schemes,” remarked Justices Girish Kulkarni and Aarti Sathe on September 17.
Four eligible slum-dwellers have challenged the lottery allotments dated December 2. Sejal Shakti Realtors is developing a 41-storey building with three wings. Out of 1,340 eligible applicants, 804 tenements of 300 sq ft each were allocated.
Petitioner’s advocate Shakil Ahmed noted that a report from the tehsildar in December 2014 indicated that, in 410 cases, rehabilitation agreements were signed with individuals other than the originally eligible ones.
“This is highly unconscionable and alarming,” the judges commented. They stated that if such transfers were sanctioned and agreements registered without oversight, “the court would have no choice but to initiate an inquiry against individuals, including SRA officials and the developer.”
The court instructed the SRA CEO to inspect and inquire with the developer and SRA officials, who seem to have kept the CEO unaware of the extensive illegal activities concerning slum projects.
The SRA CEO and developer must provide the court with information regarding the number of illegal occupants currently in residence.
“Once we have that information, we will proceed to issue appropriate orders,” stated the High Court judges. Should the SRA CEO determine mass illegal transactions have occurred, he is authorized to evict unauthorized occupants, as agreements conflicting with regulations cannot be recognized.
Furthermore, if eligible allottees acted unlawfully, their tenements will be added to the pool for allocation to project-affected individuals. “This is the only way to address the illegal commercialization of slum tenements by those who exploit slum schemes in collusion with SRA officials. It’s time for the SRA CEO to rectify ongoing illegalities,” the judges emphasized.
The hearing has been adjourned until October 1.
