File re­port on 3600 flats il­le­gal trans­fer within 10 year norm, Bom­bay High Court di­rects MHADA

Accommodation Times - - News -

Mumbai, 6th Jan 2015 : The Bom­bay High Court has asked the Ma­ha­rash­tra Hous­ing and Area Devel­op­ment Author­ity (MHADA) to in­ves­ti­gate 3600 flats that have il­le­gally been trans­ferred within a pe­riod of 10 years from the date of al­lot­ment and file a re­port on the same in April this year. PIL filed by Shri Ga­jen­dra Khed­kar who in­tend to buy a such flat. A di­vi­sion bench of Jus­tice Ab­hay Oka and Jus­tice A S Gad­kari was hear­ing. Shri Khed­kar was in­ter­ested in Shivaji Park’s Sam- rud­dhi Co-op­er­a­tive Hous­ing So­ci­ety. Shri Khedekar in 2008 was un­able to do so be­cause one cou­ple, Lahu and Geeta Navle il­le­gally trans­ferred seven flats worth Rs 1.24 crore in the said so­ci­ety in their name. In a sim­i­lar mat­ter of il­le­gal trans­fer of MHADA flats within a pe­riod of 10 years from the date of al­lot­ment, the state had as­sured the same bench of the High Court that a writ­ten no­tice will be is­sued to the ben­e­fi­cia­ries con­cerned, in­form­ing them that they should sur­ren­der the ten­e­ments fraud­u­lently se­cured by them from the gov­ern­ment, within 30 days, fail­ing which crim­i­nal ac­tion will be ini­ti­ated. The state had fur­ther sub­mit­ted that in a case where a ben­e­fi­ciary failed to sur­ren­der the ten­e­ments in the pre­scribed pe­riod, an FIR would be reg­is­tered un­der rel­e­vant sec­tions of the In­dian Pe­nal Code (IPC), and the al­lot­ment of the ten­e­ments would be can­celled. In 2010, Navles were ar­rested and booked un­der sec­tions of the IPC that are non-bail­able. They are presently on bail. Sub­se­quently, in 2012 the PIL was filed mak­ing MHADA and the state au­thor­i­ties re­spon­dents in the case. In the pre­vi­ous hear­ing, Ad­vo­cate U M Parshu­ra­mani for MHADA had sub­mit­ted an af­fi­davit stat­ing that there are 3600 MHADA flats that are il­le­gally trans­ferred within a pe­riod of 10 years from the date of al­lot­ment. The Hon. Court di­rected MHADA to file re­port on the same and ac­tion taken.

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