HC an­nounced date for fi­nal hear­ing on PIL against CM’s hous­ing quota

Judge­ment

Accommodation Times - - Front Page -

Bom­bay High Court on 23rd June an­nounced 28th July date for fi­nal hear­ing on a PIL against dou­ble or mul­ti­ple al­lot­ment of houses from the Ma­ha­rash­tra Chief Min­is­ter’s dis­cre­tionary quota. A bench, headed by Jus­tice Ab­hay Oka, hear­ing the PIL filed by Ke­tan Tirod­kar an ac­tivist, in­structed him to file an ad­di­tional af­fi­davit within a week and or­dered the state to file fur­ther af­fi­davit on July 25.

The di­rec­tions came a week af­ter the govern­ment in­formed the HC that it had stopped al­lot­ting houses from the CM’s quota in keep­ing with the court’s order scrap­ping the state’s pol­icy on the is­sue. The state had in­formed the court last week that those who se­cured flats from the CM’s dis­cre­tionary quota on the ba­sis of false dec­la­ra­tion about not own­ing a house will now face prose­cu­tion.

In an af­fi­davit, the govern­ment in­formed the bench about re­scind­ing its de­ci­sion to with­draw prose­cu­tion against dou­ble al­lot­tees if they sur­ren­dered one of the houses or, in case the flats had been sold, re­turn the pro­ceeds to the govern­ment equiv­a­lent to mar­ket value of the prop­erty.

On March 20, the high court had struck down the state’s pol­icy for al­lot­ment of houses to the ben­e­fi­cia­ries un­der the CM’s quota. De­scrib­ing the pol­icy as “il­le­gal, ir­ra­tional and un­fair”, the court had asked the state to frame a new pol­icy which should be trans­par­ent and fair.

The bench had also re­strained the state from mak­ing fur­ther al­lot­ments from the CM’s quota un­der the pol­icy struck down by the court.

The court had ob­served in its March 20 order that the chief min­is­ter had “ab­so­lute and un­fet­tered” dis­cre­tion in al­lot­ment of houses, which was not fair. Mem­bers of the pub­lic should be in­formed that such schemes were avail­able for them, it had said.

Un­der the CM’s dis­cre­tionary quota, flats were be­ing al­lot­ted to var­i­ous cat­e­gories of peo­ple such as free­dom fight­ers,

The court had ob­served in its March 20 order that the CM had "ab­so­lute and un­fet­tered" dis­cre­tion in al­lot­ment of houses

artists, sports per­sons, jour­nal­ists and govern­ment em­ploy­ees.

Pic­tures used for rep­re­sen­ta­tional pur­pose only

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