Bombay HC Calls For Overhaul In Verification Process For Slum Schemes, Flags 'Ease' With Which False Documents Are Used To Claim Benefits

The Bombay High Court has called for a comprehensive overhaul of the document verification process in slum rehabilitation schemes, expressing concern over the ease with which false and fabricated documents are used to claim benefits. The Court also imposed a cost of ₹5,00,000 on the petitioner for suppression of facts and abuse of the process of law.A Division Bench of Justice A.S. Gadkari and Justice Kamal Khata was hearing a review petition filed for reconsideration of an earlier order dismissing the petitioner's claim for allotment of a rehabilitation tenement under the Slum Rehabilitation Authority (SRA) scheme. The petitioner contended that the developer had falsely claimed to have allotted her a temporary accommodation, which was in fact given to a trust running a school. The Court, however, found that the petitioner had deliberately suppressed material facts and misled the Court by portraying herself as a senior citizen in distress, whereas she was actually a medical professional in possession of multiple premises, including residential, commercial, and educational structures, cumulatively exceeding 2,200 sq. ft. carpet area. The Bench noted that she was not only a beneficiary of a shop and multiple tenements but also the chairperson of the trust operating the school.“She was in possession not merely of one but three separate structures, thereby illegally occupying an area exceeding 2,200 sq. ft. carpet area in the slum. She admittedly used one as her residence, the second as her clinic, and the third for running a School in the name of the said Trust of which she was a Chairperson,” the Court observed.The Court observed that the suppression or concealment of material facts has no place in an equitable and prerogative jurisdiction. It observed:“… the Court has inherent power in order to protect itself and to prevent abuse of its process to discharge the rule nisi and refuse to proceed further with the examination of the case on merits. If the Court does not reject the Petition on that ground, the Court would be failing in its duty.”Expressing grave concern over the “ease with which false and fraudulent documents are pressed into service,” the Court emphasised the urgent need for the State authorities to completely overhaul and re-examine the process of verifying documents produced by the persons claiming eligibility in slum schemes.The Court directed the Brihanmumbai Municipal Corporation (BMC) and the SRA to conduct an inquiry into how the school operated in a slum area with 150 students, and whether necessary permissions and fire safety clearances were obtained. The Court noted the apparent inaction and apathy of the BMC and the SRA in allowing such activities to continue.The Court dismissed the review petition with costs of ₹5,00,000. It further directed the issuance of a show-cause notice to the petitioner for contempt of court.Case Title: Mumtaz H. Khoja v. Chief Executive Officer, Slum Rehabilitation Authority & Anr. [Review Petition No. 18 of 2025 in Writ Petition No. 773 of 2023]Click Here To Read/Download Order

Bombay HC Calls For Overhaul In Verification Process For Slum Schemes, Flags 'Ease' With Which False Documents Are Used To Claim Benefits

Saksham Vaishya

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