MUMBAI, Oct 14: The Bombay High Court today expressed strong displeasure against the working of the Maharashtra Housing and Area Development Authority (MHADA) and its Repair and Reconstruction Board. The court will now conduct a detailed inquiry into the Board's working; accordingly, it has asked the Board to furnish all details regarding the status of 2,018 old dilapidated cessed buildings which are to be reconstructed within six weeks.The division bench comprising Justice B P Saraf and Justice A Y Sakhare warned government pleader R V Govilkar that if the information submitted by the Board is found to be unsatisfactory, it would appoint a public committee to look into the Board's affairs. If the Board's functioning fails to improve even after the committees findings, the court would consider appointing an administrator to expedite and monitor reconstruction, added the bench.
According to the order, MHADA will have to furnish the following information: Complete details of dilapidated buildings to bereconstructed; the date when the buildings were acquired by MHADA; the number of residents; the date when each of them was moved to transit camps; the period that they were likely to be there and the financial provisions made for expediting reconstruction.
The court pointed out that if a public committee was appointed, it would hold meetings for gathering information. The court also observed that all those who are aggrieved by MHADA's fashion of functioning were not in a position to approach the courts. Besides, petitioners seek individual remedies and therefore get specific rulings. Therefore, it has become essential to understand how the board plans to undertake the reconstruction of old cessed buildings, the judges observed.
Today's order comes in the wake of a petition filed by residents of a dilapidated building. The government had acquired the plot from the landlord through MHADA several years ago, but till date, no reconstruction activity had begun. All along, of the 73 tenants, 63 have beenstaying in transit camps. The court asked MHADA as to how long the tenants could stay put in transit camps.
MHADA has funds for SSPPGovernment pleader R V Govilkar stated in the High Court today that MHADA has sufficient funds to enable it to sanction Rs 300 crore towards the Shiv Shahi Punarvasan Prakalp (SSPP). Govilkar's statement was an explanation which the Bombay High Court had sought two days back regarding MHADA's role in partially financing the government's free housing scheme.
The government pleader informed that MHADA has funds of Rs 606 crore, and a surplus fund of Rs 288 crore after deducting liabilities. The money being given by MHADA to SSPP would be a deposit which would earn an interest, he added. Besides, MHADA's ready-for-sale buildings, both residential and commercial, are valued at another Rs 400 crore. MHADA expects them to be sold within a year.
Govilkar categorically stated that by handing over Rs 300 crore to SSPP, the regular business of MHADA will not be hampered. Hefurther sought to remove misconceptions regarding shortage of funds faced by MHADA by stating that there were two seperate funds for the Repair and Reconstruction Board and for MHADA. MHADA is the apex body which has ten seperate boards throughout the state, which includes the Board. The board receives its funds through repair cess from the BMC, which receives matching funds from the state and MHADA. MHADA, on the other hand, builds its funds from the sale of plots and buildings it constructs.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.