Siddharth Nagar, housing nearly 672 families, was vacated, and members of the society were entitled to permanent rehousing in rehab tenements. (File photo)
The Bombay High Court on Friday directed residents of Patra Chawl in suburban Goregaon (East) to take possession of tenements in the rehab building by April 30, failing which the vacant flats can be used for public purposes. The HC also raised concerns that in case of illegal transfers of such flats by creating third party rights, the government loses revenue and cited a hotel running on three floors of a slum redevelopment structure in Bandra-Kurla Complex (BKC).
A division bench of Justices Girish S Kulkarni and Aarti A Sathe disposed of 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.
After the HC reiterated stopping transit rent payment from April 1, the residents on April 2 had informed the HC that they were ready and willing to take possession of tenements in the rehab building.
However, on Friday, the court was informed that so far 39 members had come forward and taken possession. Senior advocate Pradeep Sancheti for the petitioner society said that other members were also willing to take possession, which the court said shall be completed on or before April 30. The court asked MHADA to depute an officer and the team to remain daily available at the premises to complete the possession formalities.
The court added that if any of the members are not in need of tenements at the moment, MHADA is permitted to use them for appropriate public housing purposes and whenever such members intend to occupy, he/she can give 3-month advance intimation for the same.
The court also raised concerns over third-party rights created by tenants in MHADA or Slum Rehabilitation Authority (SRA) projects.
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“There is nothing on record as to how these transactions happen. It is better that the government is benefited by the stamp duty. Because if illegal transfers are otherwise happening, the government is losing revenue,” Justice Kulkarni orally remarked.
Advocate Manisha Jagtap for MHADA said in BDD Chawl redevelopment, one of the flats was kept on Airbnb and after officers came to know, action is being taken.
“Why only Airbnb? In an SRA project building in Bandra-Kurla Complex, there was a hotel running on three floors. The matter was before us,” Justice Kulkarni orally responded.
Disposing of the plea, the HC said no further intervention was required and kept all other contentions of the parties open, which can be raised before the appropriate forum.
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
