Bombay HC Directs State Govt, MMRDA To Respond Over Plea Against PAP Scheme

Mumbai: The Bombay High Court on Tuesday directed the state government and Mumbai Metropolitan Region Development Authority (MMRDA) to file their affidavits in response to a public interest litigation (PIL) petition seeking cancellation of the BMC scheme to procure tenements for project affected persons (PAPs) alleging several irregularities.

A bench of Justices Gautam Patel and Kamal Khata was hearing pleas filed by BJP leader and advocate Sagar Devre challenging the BMC’s contracts for construction of 13,971 tenements for PAPs tenements by procuring from open market.

During the hearing in February, the HC had refused to grant interim relief to the petitioners and had observed that such tenements were required to house PAPs affected by several projects, including some vital ones.

Advocate General Birendra Saraf informed the bench on Tuesday that the petition challenged draft notification of January 11, 2022, whereas the final notification was issued on February 2, 2024 for the scheme.

Pending hearing in the PIL, Devre had filed an application seeking interim stay on the draft notification. Taking into the account that the final notification was issued and the application challenged the draft notification, the HC dismissed the same.

Taking exception to the applications, the bench noted that it “proceeds on assumption that the government has suddenly come up with notification under the Maharashtra Regional Town Planning Act, making substantial modification to the PAP plan”.

Asking respondents to file reply affidavits by May 6, the HC has asked petitioners to file additional affidavits to these by June 14.