Bombay High Court Appoints Committee To Probe Alleged Illegal Allotments Under Basic Service For Urban Poor Scheme In Kalyan, Dombivali

The Bombay High Court has set up a committee headed by a retired judge for a “thorough” inquiry into alleged illegal allotment of tenements under the Basic Services for Urban Poor scheme being implemented by the Kalyan-Dombivali Municipal Corporation, located just outside Mumbai.

Chief Justice Devendra Kumar Upadhyay and Justice Arif Doctor observed:

“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.”

Two PILs highlighted irregularities and illegalities under the scheme formulated under the Jawaharlal Nehru National Urban Renewal Mission.

KDMC had planned to build 7,272 flats in different parts of Kalyan and Dombivli under the BSUP project in 2006-07.

The petitions along with supporting documents highlighted how in the course of implementing the scheme various ineligible persons were allotted tenements and various other eligible persons have been denied the said benefit, the court noted.

The plea further stated that 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.

At the outset the court added the Union of India as a party following the petitioner’s submissions.

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.

By an earlier order dated March 31, 2023, the High Court had directed the respondents to place on record entire material on the basis of which allotment of the tenements were made to those who were earlier held to be ineligible and not entitled to.

The court had further said that till the entire material wasn’t placed on record, no allotment should be made in accordance with a letter dated 26th September, 2022.

In the latest order, the court held a “thorough” and “deep inquiry” was required to take issues mentioned in the PIL to their logical end.

The team would 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 area and the documents.

Further it must check if the objectives of the scheme are infact being achieved.

The committee will comprise Mr Nathani Ajay Husenbhai, Retired Principal Judge, City Civil and Sessions Court, Mumbai; an officer, not below the rank of Additional Municipal Commissioner, to be nominated by the Municipal Commissioner, KDMC; a high-ranking officer in the department of Urban Development to be nominated by the Principal Secretary in the Department of Urban Development, Government of Maharashtra; a local officer, not below the rank of Sub Divisional Officer, to be appointed by the Collector concerned.

The court directed the committee to submit its report in a sealed cover within 10 weeks.

It also clarified that the March 31 order would bar allotment of tenements to project affected persons.

The matter is adjoured for further consideration on November 8, 2023.

Case Title - Sandeep Pandurang Patil vs State of Mah

Case No- PIL 60/2023 and 126/2012

Appearances – Adv DS Mhaispurkar a/w Ms. Siddhi Bhosale for petitioner in PIL No. 60 of 2023.

Adv Dr. Uday Warunjikar for petitioner in PIL No. 126 of 2012.

GP PP Kakade, a/w AGP Pabale for State

Adv AS Rao for respondent KDMC in both the PILs.

Click Here To Read/Download Order