Hindustan Times ST (Mumbai) - Live

HC clears way for Wadala slum rehabilita­tion project

- HT Correspond­ent

MUMBAI: In a reprieve for Surana Developers LLP, the Bombay high court has directed the Slum Rehabilita­tion Authority (SRA) to decide the developer’s plea for a revised letter of intent (LoI) for a slum rehabilita­tion project in Wadala. The project was stalled after the Enforcemen­t Directorat­e (ED) had instructed the SRA to maintain the status quo.

“Deciding the applicatio­n for the revised LoI would not in any manner hinder the power of the ED under the Prevention of Money Laundering Act (PMLA), 2002. The ED still can proceed under the provisions of the PMLA,” the division bench of justice SV Gangapurwa­la and justice RN Laddha said in the order issued on November 14.

The bench clarified that the power of the SRA as a planning authority under the Maharashtr­a Regional and Town Planning (MRTP) Act, 1966 and the powers of the ED under the provisions of PMLA are distinct and the agency would not be precluded from taking independen­t action.

Surana Developers had moved the HC after the SRA had on August 24, 2021 received instructio­ns from the ED not to process the developer’s plea for a revised LoI for Anand Nagar Slum Rehabilita­tion project after the changed planning regulation­s on the Developmen­t Control Promotion Regulation­s 2034 came into force in May 2018. The developer contended that the ED had no power to instruct a statutory authority like the SRA not to process the request for a revised LoI and a pending investigat­ion against a certain person can never be a ground for not processing an applicatio­n for developmen­t permission. The developer also pointed out to the court that they had already paid a sum of ₹5.87 crore to the SRA towards developmen­t charges and already constructe­d nine rehabilita­tion buildings at Anand Nagar. Besides, the developer claimed to have spent an amount of ₹155 crore in paying transit rent to slum dwellers and delay in completion of the project would negatively affect all the stake-holders, including the developer.

The ED, on the other hand, maintained that the issuance of the instructio­ns to the SRA not to process the request for the revised LoI was well within the agency’s statutory powers. The agency informed the court that it initiated a money laundering probe after finding that Surana Constructi­ons took a loan of ₹410 crore from Yes Bank for constructi­on of rehab and sale components of the project, but the entire loan amount was diverted and utilised for some other purposes.

 ?? PRATIK CHORGE/HT PHOTO ?? An aerial view of Anand Nagar slum, Wadala.
PRATIK CHORGE/HT PHOTO An aerial view of Anand Nagar slum, Wadala.

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