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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