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Patra Chawl rehab: HC flags Rs 18 cr exchequer burden from delay

Permits MHADA halt on transit rent

HCThe court agreed with MHADA's submission to stop transit rent payments, despite already completed premises and said it would ensure "things move forward" and " possession of the tenements would be taken over." (File Photo)

Citing nearly Rs 18 crore burden on the state exchequer from delayed Permanent Alternate Accommodation (PAA) agreements for Siddharth Nagar (known as Patra Chawl) tenants in suburban Goregaon (East), the Bombay High Court on Wednesday said that further burden on public funds must end.

The court warned that any attempt by society members to prevent Maharashtra Housing and Area Development Authority (MHADA) officials or contractors from accessing structurally stable rehab tenements would amount to obstructing officials on public duty, inviting criminal prosecution.

The court agreed with MHADA’s submission to stop transit rent payments, despite already completed premises and said it would ensure “things move forward” and ” possession of the tenements would be taken over.”
“It has already cost the state exchequer about Rs 18 crore in payment of transit rent to these members of the society, which is not a small amount,” the court noted.

Siddharth Nagar, housing nearly 672 families, was vacated and the members of the society were entitled to permanent rehousing in rehab tenements. After defunct developer Guru Ashish Constructions (which later faced Enforcement Directorate case) had defaulted, MHADA took over project completion responsibility in 2018.

The HC was hearing a plea by Goregaon Siddharth Nagar Sahakari Griha Nirman Sanstha Limited, over rehab building quality alleging falling plaster and lift malfunctions.

Last month, the bench perused a third-party structural audit report submitted by experts from Veermata Jijabai Technological Institute (VJTI) that found each of the eight buildings having 16 wings to be “sound, stable and fit for habitation.”

The court had clarified ” it would be open for MHADA to take appropriate steps” and complete further formalities related to execution of PAA agreements and handing over of possession to occupants willing to accept their units.
On Wednesday, advocate Manisha Jagtap for MHADA submitted there were attempts to prevent officials and contractors from entering the premises.

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“Unwarranted objections are being raised and the execution of PAA agreement is being delayed for some reason as also some members who were intended to take possession, these members were also physically prevented from taking possession. We would not accept any such situation which is in our opinion in the teeth of the rule of law,” a bench of Justices Girish S Kulkarni and Aarti A Sathe noted in its order.

“Any action on the part of the managing committee or the members of the society to prevent the MHADA officials or the contractors from entering the premises and that too before the society or its members taking over possession, in our opinion, is not only amounting to an offence but also it would amount to obstruction to the MHADA undertaking official duties, for which otherwise a criminal prosecution would be required to be lodged,” the bench added.
The HC said representation can be made to MHADA in case of any grievance and posted further hearing after two weeks.

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. Expertise & Authority 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: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: 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. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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