Bombay high court orders action on 6 allottees for giving rehab flats to school

MUMBAI: The Bombay high court has directed the Mumbai Metropolitan Region Development Authority (MMRDA) to take appropriate action and pass an order against six allottees in a slum rehabilitation scheme building in Govandi who gave their flats for running a school.

It has also directed action against the principal of the school.

Justices Makarand Karnik and Shriram Modak on Tuesday felt it proper to direct the MMRDA to pass the order for the reason that if provisions of Section 3(E) (restrictions on transfer of tenements) of the MaharashtraSlum Areas Act are breached, necessary consequences are bound to follow, including handing over possession of those flats and its disposal.

“We feel MMRDA can do it in a more effective way,” the court said.

The petition by Bharat Ekta CHSL said six allottees on the ground floor of building number 18 allowed Pearls English School that has “hundreds of students” to use their 225 square feet flats. Their advocates Dheeraj Patil and Nitin Jagtap said MMRDA confirmed unauthorised use of those flats but did not take action.

The judges noted that the six allottees were served notice but chose not to remain present. BMC confirmed theschool was running without permissions and notices were issued for closure and shifting students to a nearby BMC school. MMRDA said the allottees were Mithi river project-affected persons and, therefore, they were given residential flats. As there is restriction on transfer of flats within 10 years of allotment, it asked them to produce permission for transfer. MMRDA expressed difficulty in taking further action citing HC’s Aug 2021 restraint order during Covid-19 pandemic.

The judges said it is undisputed that MMRDA has constructed the building and can exercise provisions of the Slums Act. The record showed that the six allotteesput the principal in possession of their premises. They said one can understand that MMRDA was prevented from taking further action due to HC’s restraint order, adding: “But now there is no obstacle for MMRDA to pass an order.”

Granting 12 weeks’ time, they said if MMRDA does not pass an order within this period, its CEO “shall explain why by filing an affidavit”. They directed that once possession of flats is taken, MMRDA is at liberty to take further a decision. They even granted BMC liberty to take appropriate action regarding starting of school without obtaining its permission. It will “ensure students are admitted to nearby corporation schools”.