Second Bombay HC judge gives up claim to flat in highrise for judges

On August 31, 2015, Chief Minister Devendra Fadnavis sanctioned the housing scheme on a 32,300-sq ft public plot in Oshiwara, following a request made in this regard by the proposed highrise society of sitting judges. Since June this year, The Indian Express has published a series of reports highlighting how the government had eased norms while directing the MHADA to implement the exclusive housing scheme for the judges. While the construction work for the project is yet to begin, government has proposed to offer 84 flats, measuring 1,076 square feet, on ownership to the HC judges. While it has, so far, sanctioned membership of 39 judges, both Jadhav and Kemkar have withdrawn their memberships.

MHADA has also written to the government to cancel the allotment offered to Justice Abhay Thipsay (retd), after it was found that he owned a share in an ancestral property. While Thipsay had disclosed his stake in the ancestral property at the time of his application, MHADA officials say this was “overlooked” while approving the membership.

Official documents, meanwhile, show that a condition of allotment, which is normally insisted upon by the MHADA, regarding non-holding of immoveable property excluding 500 square meters under the Urban Land (Ceiling and Regulation) Act, was not pressed for in the case of the high-rise society. Another condition that gives MHADA the right to initiate prosecution if any of the documents required for confirming the eligibility of an allottee is found to be incorrect, false or fabricated, was also not pressed in the case of the judges society, documents show.