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The Bombay High Court on Thursday asked the committee appointed by the state government to probe allegations of forgery made by social activist Medha Parkar against the redevelopment scheme at Golibar Road,Khar,not to take any action until June 16.
The petition filed by the promoters of the proposed Ganesh Krupa Co-operative Housing Society (GKCHS) through their lawyer Kunal Cheema states that under the provisions of the Maharashtra Slum Areas Act,1971,the state government can demolish old structures for proposed redevelopment for implementing the orders of eviction issued against slumdwellers.
On Thursday,a Bench headed by Justice D Y Chandrachud felt that prima facie there were judicial orders which had decided the fate of the redevelopment scheme. The court said it would like to give the state another opportunity to examine whether the stay on the eviction of the slumdwellers can continue.
Their petition stated that the letter of intent (LoI) was issued to the society in 2004 and the Collector (suburban) had issued an eviction order on April 4,2010. The order was contested by 179 slumdwellers before the Divisional Commissioner (Konkan),who did not grant them relief. Thereafter,they challenged the order in the Bombay HC that dismissed the petition in September 2010,holding that the LoI had been approved by majority of slumdwellers of the area. Subsequent challenge to the HCs order was also dismissed by the SC.
The GKCHS had contended that the government had on May 28 appointed a committee led by retired Justice Hosbet Suresh only because Patkar and her supporters were observing a nine-day fast to oppose the redevelopment. They also stated that the members of the committee retired Justice Hosbet Suresh and activist Simpreet Singh could not be expected to be objective in their approach as they had participated in similar agitations by slumdwellers.
Government counsel G W Mattos,however,told the court that the panels recommendations were not before the government yet and the objections were premature.
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