Court sets aside rights panel order on tenement

The Bombay High Court on Thursday set aside a State Human Rights Commission directive to MHADA to allot tenement to a woman who had filed a complaint with the commission.

Written by Express News Service | Mumbai | Published: February 19, 2010 10:21:15 pm

The Bombay High Court on Thursday set aside a State Human Rights Commission directive to MHADA to allot tenement to a woman who had filed a complaint with the commission.

Justice Roshan Dalvi held that the commission has no jurisdiction to pass such orders and observed that the complainant was claiming rights in a contract where she should have approached the civil court.

In 1998,a cooperative housing society of women members had applied to MHADA for allotment of tenements. In March 2000 the government confirmed the allotment at Siddharth Nagar,Goregaon.

However,the allotments were later cancelled as some members were found ineligible. MHADA then published an advertisement for sale following which 16 women,including the complainant Sai Dalvi,applied.

Meanwhile the earlier members filed an appeal before the board CEO that was subsequently dismissed.

They then moved the high court seeking a direction to MHADA to comply with the government’s order which had confirmed the allotment. The court directed MHADA to grant the allotment and refunded the earnest money to the women who had applied following the advertisement.

However,Dalvi did not accept the money. The complainant moved the commission for allotment of a flat. The commission passed two interim orders directing MHADA to allot one flat within three kilometres of the building premises of the allotted society. MHADA counsel G W Mattos had argued that the commission did not have jurisdiction to entertain the complaint where a judicial verdict has already been pronounced. Following non-compliance by the board,the commission issued a notice,but MHADA reiterated its stand.

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