The Bombay High Court recently imposed an exemplary cost of Rs1 lakh on developer Accord Builders for unilaterally allotting a rehab tenement without conducting a lottery process in the presence of a representative of the Assistant Registrar of Cooperative Societies, Slum Redevelopment Authority (SRA). The court had directed the allottees – to Gopal and Shekhar Vanave – to vacate the premises within four weeks.
The court had also asked them to choose a tenement made available by SRA and the authority has been directed to allotted chosen tenement within two weeks thereafter. The HC was hearing a petition by Gopal and Shekhar Vanvane challenging the SRA’s declaration that the allotment of the tenement to them was invalid.
Dispute around SRA scheme
The dispute arose around the SRA scheme in Kurla. After 438 dwellers were accommodated, the developer had four vacant tenements, and 21 eligible slum dwellers were waiting for allotment. The petitioner, Sangeeta Zimal, despite being eligible, was excluded from the allotment process of a rehab tenement.
The developer on July 21, 2021, submitted a proposal to SRA stating that the tenement was available and petitioners were eligible. The developer also requested SRA to appoint an officer for the lottery allotment. However, no decision was taken. Pending proposal, on March 1, 2022, the developer wrote to the SRA stating that four tenements were reserved for eligible slum , including Zimal and would be allowed after re-verification. However, the developer allotted the tenement to Vanaves and informed the SRA about the same on March 24.
