Mumbai: In a major crackdown that can affect over 13,000 occupants, who are illegally occupying flats under the Slum Rehabilitation
Authority scheme across Mumbai, the Bombay High Court on Wednesday ordered the authorities to give them only 48-hour time-frame to furnish documents.
The court said if these occupants fail to furnish documents showing them as legal occupants, then the authorities must forthwith evict them with the help of the local police.In its significant order, the bench of Justices Satyaranjan Dharmdhikari and Riyaz Chagla also ordered the SRA not to appoint any agency, which the authorities had proposed, for shortlisting the illegal occupants.The issue pertains to those 'eligible' slum dwellers, who have been given flats in the redeveloped buildings of the SRA, free of cost.
As per SRA rules, these slum dwellers cannot transfer (sell) these flats or create any third party rights for at least 10 years. However, this rule was flagrantly abused by thousands of such ‘eligible’ slum dwellers, who have either sold or created third party rights in the flats allotted to them free of cost under SRA.
When the matter was called out for hearing on Wednesday, the counsel appearing for SRA submitted an affidavit stating that a total of 13,143 occupants have been found to be illegally occupying such flats across Mumbai.
The affidavit further stated that the SRA has appointed an agency to assist it in ascertaining the exact number of occupants, who do not have any proof by way of documents to prove their eligibility.
Having vetted the affidavit, Justice Dharmadhikari said, “This shortlisting process would take time, which means these unauthorised occupants will have an opportunity to prepare documents, so as to prove their eligibility.
Also, they would resist every such action as is contemplated by law.” “We are not impressed by the appointment of this agency either as the data pertaining to eligible occupants would be maintained in the ordinary course by the officials, including the deputy collector (encroachment and removal), Mumbai suburban district, as also the SRA,” the judges noted.
The bench accordingly said that these authorities would have to depute their officials, who can visit the places or regions where the schemes are implemented and ascertain whether the occupants are eligible ones.
“If some other gentleman is found to be in possession, it must be conveyed to him through notice that he may report to the authorities within 48 hours and produce the proof, which is mandatory,” Justice Dharmadhikari ordered.
‘‘If there is no proof available with such a person, then he should be asked to vacate the premises forthwith, or else the help of the local police be taken.”The bench further said that such notices can be pasted on the doors of such flats to avoid any dispute on serving of the notices.
“The authorities are aware that these occupants are bound to make a request for time to vacate the premises citing various reasons like marriages, child's exams etc.
On humanitarian grounds, if they are given an extension, they, later on, do not bother to hand over the peaceful possession of the flats,” the judge noted.
“Then ensues a second round of consultations, meetings etc. All this can be avoided if a time schedule is drawn,” Justice Dharmadhikari said while ordering the authorities to convene a meeting by February 20 and finalise the action plan.The matter has been posted for further hearing on April 8.
