The Bombay High Court had restrained the Kalyan-Dombivali Municipal Corporation (KDMC), till further orders, from further allotment of tenements under the Basic Services for Urban Poor (BSUP) scheme in accordance with a letter dated 26th September, 2022.
A division bench of Chief Justice DK Upadhyaya and Justice Arif Doctor, on August 29, stayed further allotment Observing that a "thorough" inquiry was required into alleged illegal allotment of tenements under the scheme.
Retired judge to head the committee
The bench appointed a committee headed by a retired judge to conduct the inquiry. It noted that the scheme has a “laudable object”, however, the scheme has been “marred by large scale irregularities”.
“The scheme has a laudable object of not only developing the area but also providing basic infrastructure facilities such as housing and shops etc. to the urban poor; however, as per the allegations, the said scheme has been marred by large scale irregularities," the bench said.
The HC was hearing two public interest litigations filed by one Sandeep Patil highlighting irregularities and illegalities under the scheme.
BSUP scheme
Under the BSUP, formulated under the Jawaharlal Nehru National Urban Renewal Mission, KDMC had planned to build 7,272 flats in different parts of Kalyan and Dombivli in 2006-07.
The scheme is shared by the Government of India to the extent of 50%, by the State of Maharashtra to the extent of 30%, by the Corporation to the extent of 9% to 12% and by the beneficiary to the extent of 9% to 11%, the court noted.
The plea alleged that while various ineligible persons were allotted tenements, many eligible persons were left out of the scheme. In the process of implementation of the said scheme, various encroachers have occupied the tenements having been permitted by those who have been allotted the same, the plea alleged.
Following the arguments, the HC added the Union of India as respondent to the PIL.
On March 31, the HC had directed the authorities to place on record the material relied on while allowing the tenements to those who were earlier held to be ineligible and not entitled to.
Hence, it stayed further allotment till further order.
Physical inspection of the area and documents
The committee has been directed to inquire into the illegalities in allotment of tenements as also encroachments which allegedly have come up after the said scheme was introduced and implemented. The Committee would be required to take physical inspection of the area and the documents. Further it must check if the objectives of the scheme are in fact being achieved.
The committee has been directed to submit its report in a sealed cover in 10 weeks. The HC has kept the PIL for hearing on November 8.
