No HC relief for double allottees of flats under CM's quota
The Bombay High Court refused to grant relief to eight persons who were allotted two flats from the Chief Minister's discretionary quota and have been asked by Maharashtra government to vacate the tenements or face eviction in view of the alleged illegality involved
Mumbai: The Bombay High Court on Tuesday refused to grant relief to eight persons who were allotted two flats from the Chief Minister's discretionary quota and have been asked by Maharashtra government to vacate the tenements or face eviction in view of the alleged illegality involved.
The petitioners had urged the high court to protect them from eviction for eight weeks so that they can challenge the government's decision before a competent authority. They are facing government action following a report given to the high court by Justice J A Patil Committee which had probed double or multiple allotment of flats from the Chief Minister's discretionary quota in the last three decades.
The Committee had given its report to the High Court on November 24 last year along with its recommendations and proposed action. The court had then asked the government to proceed in accordance with law against those who had been allotted flats on more than one occasion.
The petitioners today asked for a copy of the Justice J A Patil committee report so that they can challenge the order before a competent authority as it involves their houses.
The bench headed by Justice Abhay Oka said it was ready to give them the report of the committee but they should make a formal application in this regard. However, it refused to grant relief by prolonging the government action by another eight weeks.
The eight petitioners were Kantabai Bohra, Ghansham Meshta, Sachin Vartak, Prashant Zaveri, Rahul Patil, Madhukar Suryavanshi, Anil Vora and Tanaji Mane. The bench had, on October 9, 2014, appointed Justice Patil to probe the allegations of double or multiple allotment of flats since 1982 in a public interest litigation filed by activist Ketan Tirodkar.
The PIL alleged that many people got more than one flat under the CM's quota by making false declarations. It said most beneficiaries are politicians or those who are close to them.
Pending recommendations by the committee, the High Court had earlier asked the state to continue its ongoing action against those who got the flats by filing false affidavits.
The judges had also asked such beneficiaries to return the flats or pay up the price if they have sold off the flats. The court had ordered that the government must ensure that those who have got multiple flats hand over the possession back to the authorities.
The allotment under the CM's quota has been stopped following the court's order. Under the scheme, the flats were supposed to be given to freedom fighters, artists and sports persons.