How such ‘enormous’ benefits offered to BDD chawls at cost of public exchequer, HC asks MHADA

The bench said it was ‘unconscionable’ that though the three petitioners occupying tenements in BDD Chawls at Naigaon area were offered such benefits where the ongoing market rate is almost above Rs 70,000 per sq ft, they still had a grievance.

The court directed the three petitioners to vacate their premises within 15 days of the MHADA executing Permanent Alternative Accommodation Agreement (PAAA), so that the redevelopment can progress further.

A division bench of Justice Girish S Kulkarni and Justice Jitendra S Jain on August 2 was hearing a plea by Sandesh Dayanand Mohite and two others seeking direction to restrict the authorities from taking action against members of five buildings, forcing them to vacate the rooms during monsoon.

The petitioners, through advocates Medha Jondhale and Anand Jondhale, claimed that they represented five buildings. However, the bench noted that there is no registered association of persons pursuing present plea and it could not accept that the plea is filed in a representative capacity and therefore restricted to three petitioners.

The redevelopment of BDD chawls is being executed at three sites including Worli, Naigaon and N M Joshi Marg involving 195 chawls. The petitioners’ premises are part of redevelopment of 42 chawls situated on 6.45 hectares of land. The MHADA had awarded a contract for redevelopment of Naigaon BDD chawls at Rs 2,902.39 crore and the project was set to commence from July, 2017 and to end in April, 2024.

Advocates P G Lad, Sayli Apte and Shreya Shah for MHADA informed that a total 3,289 residential tenements are to be constructed as PAA for existing occupants of said chawls along with 55 non-residential tenements, making a contractor to undertake construction of 3,344 premises. The redevelopment at Naigaon consists of 20 buildings with 3 basements plus stilt plus 19/23 upper floors. Moreover, eligible existing occupants would be provided a tenement of 500 sq ft carpet area each against their original tenement of 160 sq ft and there will be no maintenance charges levied on them for 12 years.

“As informed to us by Lad, the benefits which are being extended to the occupants of these chawls are enormous,” the bench noted. After the court asked as to “how at the cost of public exchequer such a bonanza can be offered,” Lad submitted that he had a reservation to comment on it.

“Be that as it may, we are of the opinion that in respect of chawls in question as informed by Lad, about 828 occupants have already been shifted and about 1,000 occupants are yet to be shifted. The primary anxiety of the petitioners appears to be that MHADA is not coming forward to execute PAAA,” the HC noted.

After MHADA said that it is prepared to immediately enter into the PAAAs, the court asked petitioners to approach MHADA officers for execution of PAAA within one week from a date of order, to which the authority said its concerned officer will be available on the site for the same.

The bench, while disposing of the plea, said that it was not inclined to examine the larger issues raised by the petitioners and the same can be considered in appropriate proceedings.