The Bombay High Court Thursday set aside the Maharashtra Chief Minister’s discretionary housing quota, observing that the allotments of flats under the quota were “illegal”. The court added all the policies of the state government, giving the CM the discretion to allot flats under a quota are “bad in law”.
The court restrained the state government from making any further allotments of the 2 per cent of the Maharashtra Housing and Area Development Authority flats and 5 per cent flats on private land under the purview of Urban Ceiling Land Act, under the chief minister’s quota. The state can, however, frame a fresh policy that would be “fair”, it said.
“This is the first time that a court has set aside the discretionary powers of the chief minister. The court has observed that the method adopted by the state government shows that the state government was treating the allotment as a private venture,” said lawyer Uday Warunjikar, who represented petitioner Manohar Bait.
The High Court, however, clarified the status of the allotments made under the quota prior to its decision would be determined in another criminal PIL filed by activist Ketan Tirodkar.