Tuesday, 7 June 2016

Bombay High Court directs MHADA to file report on illegal transfer of 3600 flats


   Bombay High Court directs MHADA to file report on illegal transfer of 3600 flats

                                                        


                                                          

The Bombay High Court has directed the Maharashtra Housing and Area Development Authority (MHRDA) to investigate into the matter wherein 3600 flats have been illegally transferred within a period of 10 years from the date of allotment, and asked MHADA to file a detailed report on the same by April 2015.

On taking up the matter in the Public Interest Litigation filed by Shri Gajendra Khedkar, who in fact, intend to buy one such flat, the Division Bench of Bombay High Court comprising Justice Abhay Oka and Justice A.S. Hadkari, were informed that Mr. Khedkar was interested in acquiring a flat in Samruddhi Co-Operative Housing Society, and he was trying since 2008 but was unable to do so because of one couple Lahu and Geetha Navle, who have illegally acquired 7 flats valued Rs.1.24 Crores in the said Society, in their name, through transfer.

Earlier to this, in a similar matter of illegal transfer of MHADA flats within a period of 10 years from the date of allotment, the State Government had assured the same bench of the Bombay High Court that a written notice will be issued to the beneficiaries concerned, informing them that they should surrender the flats fraudulently secured by them from the Government, within 30 days, failing which criminal action will be initiated against such erring beneficiaries.  Further, the State Government also informed that an FIR would be registered under relevant sections of Indian Penal Code (IPC) against those beneficiaries who do not surrender the flats within the prescribed period of 30 days; and such allotment would also be cancelled.

In tune with these directions, the said couple Lahu and Geetha Navle, were arrested in 2010 and booked under relevant Sections of IPC that are non-bailable.  Presently the said couple are on bail. Subsequently during 2012, the subject PIL was filed making MHADA as well as the State Government as respondents in the case.

After taking on record, the affidavit submitted by the Advocate of MHADA, to the effect that there are 3600 flats that are illegally transferred within a period of 10 years from the date of allotment, the Hon’ble Court directed MHADA to file report on the same and also directed to brief on the action taken in this regard.

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