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