Patra Chawl case saw Bombay High Court grant a last chance to members to accept rehab flats, warning MHADA may reallocate units if delays continue. (Representative image)
The Bombay High Court on Friday granted a last chance to members of Patra Chawl in suburban Goregaon (East) to enter into an agreement with MHADA to take possession of the rehab building within a week, and if the disputes are not resolved, The HC permitted MHADA to use the flats for Project Affected Persons (PAPs) from rest of the city or other public purposes including for use of civic body, to ensure they do not remain vacant and are utilised.
The HC was hearing a plea by Goregaon Siddharth Nagar Sahakari Griha Nirman Sanstha Limited (known as Patra Chawl) over rehab building quality, alleging falling plaster and lift malfunctions.
Siddharth Nagar, housing nearly 672 families, was vacated, and members of the society were entitled to permanent rehousing in rehab tenements. After defunct developer Guru Ashish Constructions (which later faced an Enforcement Directorate case) had defaulted, Maharashtra Housing and Area Development Authority (MHADA) took over project completion responsibility in 2018.
On March 11, observing nearly Rs 18 crore burden on the state exchequerfrom delayed Permanent Alternate Accommodation Agreements (PAAA) by Patra Chawl tenants, the HC had said that further burden on public funds must end. It had also ordered stopping of transit rent payments from April 1.
On Friday, the lawyer representing MHADA informed a bench of Justices Girish S. Kulkarni and Aarti A Sathe that the members were resisting execution of PAAAs.
The lawyer for the petitioner, however, said that MHADA cannot force members to enter into a PAAA based on terms not agreeable to the members while final third-party structural audit report was awaited.
The interim report had found each of the eight buildings, having 16 wings, to be “sound, stable and fit for habitation.”
“You are passing time. We are completely aware of it. They do not want brand new premises..let them not take it. Those members who want, let them take possession,” Justice Kulkarni orally remarked.
“Despite the clear orders passed by this court, it appears that the society has a lot of resistance. And in our opinion, it does not appear to be a justifiable issue. Looking at the letter dated March 23 addressed by the society (to MHADA), we had expected the issues would be resolved. However, the whole intention has been to delay and not take possession of the tenements,” the bench noted in its order.
The judges added, “It appears that the society and its members are not agreeable to have the tenements as constructed by MHADA. Be that as it may, we, as a matter of last chance, permit the members/society to enter into a PAA on or before April 2 and resolve all the issues.”
Posting the next hearing to April 2, the court said that in the event the issues are not resolved, “there would be no alternative but to permit MHADA” to use such flats for PAPs or other allied public purposes.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
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Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
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Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
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