Bombay High Court Directs MMRDA to Take Action Against Misuse of SRA Flats for School in Govandi
The Bombay High Court has issued a significant directive to the Mumbai Metropolitan Region Development Authority (MMRDA), ordering it to take appropriate action and pass an order against six allottees in a slum rehabilitation scheme building located in Govandi. These individuals had illegally given their residential flats for operating a school, violating key provisions of housing regulations.
Court's Firm Stance on Regulatory Breaches
Justices Makarand Karnik and Shriram Modak, presiding over the case on Tuesday, emphasized that if provisions of Section 3(E) of the Maharashtra Slum Areas Act are breached—which imposes restrictions on the transfer of tenements—necessary consequences must follow. This includes the potential handing over of possession of those flats and their subsequent disposal. The bench clearly stated, "We feel MMRDA can do it in a more effective way," underscoring the authority's capacity to enforce the law.
Details of the Unauthorized School Operation
The petition was filed by Bharat Ekta CHSL, highlighting that six allottees on the ground floor of building number 18 had allowed Pearls English School, which reportedly has "hundreds of students," to use their 225 square feet flats. Advocates Dheeraj Patil and Nitin Jagtap, representing the petitioners, argued that MMRDA had confirmed the unauthorized use of these flats but failed to take any concrete action against the violators.
The judges noted that the six allottees were served notices but chose not to remain present during proceedings. Additionally, the Brihanmumbai Municipal Corporation (BMC) confirmed that the school was operating without the necessary permissions and had issued notices for its closure, along with plans to shift students to a nearby BMC school.
MMRDA's Initial Hurdles and Court's Clarification
MMRDA explained that the allottees were Mithi river project-affected persons who had been given residential flats as part of rehabilitation efforts. Since there is a restriction on the transfer of these flats within 10 years of allotment, MMRDA had asked them to produce permission for any transfer. However, MMRDA expressed difficulty in taking further action, citing a High Court restraint order from August 2021 issued during the COVID-19 pandemic.
The judges acknowledged this but pointed out that it is undisputed that MMRDA constructed the building and can exercise provisions of the Slums Act. They noted that records showed the six allottees had put the school principal in possession of their premises. While understanding MMRDA's earlier constraints due to the restraint order, the bench asserted, "But now there is no obstacle for MMRDA to pass an order."
Timeline for Compliance and Consequences
Granting a 12-week timeframe, the court directed that if MMRDA does not pass an order within this period, its CEO "shall explain why by filing an affidavit." Once possession of the flats is taken, MMRDA is at liberty to make further decisions regarding their use. The court also granted BMC the liberty to take appropriate action regarding the school's operation without obtaining necessary permissions, ensuring that students are admitted to nearby corporation schools.
This ruling highlights the judiciary's proactive approach in addressing regulatory violations in urban housing schemes, ensuring that rehabilitation benefits are not misused for commercial purposes. The case sets a precedent for strict enforcement of slum rehabilitation rules in Mumbai, particularly in sensitive areas like Govandi.
