Bombay HC Directs MMRDA, BMC To Act Against Illegal School Operating From PAP Tenements In Govandi

Mumbai, April 10: Cracking down on the alleged misuse of rehabilitation housing, the Bombay High Court has directed the Mumbai Metropolitan Region Development Authority (MMRDA) to initiate action over six residential tenements in Govandi that were found to be used for running an unauthorised school.

Petition highlights misuse of rehabilitation flats

A bench of Justices M.S. Karnik and S.M. Modak, on April 7, partly allowed a writ petition filed by Bharat Ekta Co-operative Housing Society Ltd., highlighting violations in six flats meant for project-affected persons under the project of Mithi River Development and Protection Authority.

The society was developed by MMRDA under a rehabilitation scheme. Room numbers 1 to 6 on the ground floor of Building No. 18 in the society were allotted to respondents 4 to 9, who were PAPs.

School allegedly run from residential units

However, the petitioner society alleged that the allottees were not residing in the premises and had instead allowed Pearl’s English School to operate from the flats.

According to the petition, the premises were being used to run a nursing school with “hundreds of students”, in violation of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The society claimed that despite complaints, authorities had failed to take effective action.

Authorities support petitioner’s claims

In their affidavits, both the Brihanmumbai Municipal Corporation (BMC) and MMRDA supported the petitioner’s claims. The BMC confirmed that the school was functioning without permission and stated that notices had been issued to shut it down and relocate students to nearby civic-run schools.

MMRDA, in its reply, acknowledged that the flats were allotted strictly for residential use and highlighted legal restrictions on transfer or commercial use within 10 years of allotment. It also noted that inspections had revealed that the original allottees were not in possession of the tenements.

Court directs action within 12 weeks

The court observed that “the fact remains that respondent Nos. 4 to 9 are not in possession whereas respondent No. 10 is in possession,” indicating a prima facie breach of the law.

While refraining from passing a direct eviction order, the bench said it would be “appropriate for respondent No. 3 (MMRDA) to pass appropriate order” under the relevant provisions of the Slums Act.

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Accordingly, the court directed MMRDA to take action against respondents 4 to 10 within 12 weeks. It added that if no decision is taken within this period, the CEO of MMRDA must explain the delay through an affidavit.

BMC to ensure relocation of students

The court also allowed the BMC to proceed against the unauthorised school and ensure that students are shifted to nearby municipal schools.

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