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The Bombay High Court bench, comprising of Justice RM Sawant and Justice KK Sonawane, recently sought to find the statutory impediment in the way of a person to avail of the benefit of more than one Slum Scheme. The Bench explained that the grievance of the Petitioner in so far as the person availing the benefits in more than one Slum Rehabilitation Schemes appears to be meritorious and in public interest and if there is no statutory backing for the aforesaid, the bench would like to know from the SRA and the State what they propose to do in the matter.
The order was issued on a PIL filed by one Shaikh Abdul Rahim, who alleged that the members of his society have illegally transferred and sold their tenements in the slum rehabilitation project contrary to the provisions provided in the slum scheme act.
By an order in July this year, the court had expanded the scope of the PIL to include all the Slum Rehabilitation Schemes in Mumbai, including the Mumbai Suburban District.
In furtherance to this, a committee headed by the Additional Collector was constituted by the State Government for the purpose of carrying out a survey of the Slum Schemes in the area. This committee, it noted, has carried out a survey of about 86429 tenements in various Slum Schemes, while identifying around 30564 occupants who are, prima facie, in illegal occupation of such spaces.
The court was further informed that while notices were issued under Section 3 (E) of the Maharashtra Slum Area (Improvement, Clearance and Redevelopment) Act, 1971 to eleven of such occupants, the matter has still not proceeded further. This, it was submitted, was due to the perception of the officers that the status quo should be maintained as the PIL is pending.
The court, however, sought to know the progress made on the said notices or the reason for no progress having been made on them. It further ordered the authorities to state on an Affidavit the statutory impediment in the way of a person for availing the benefit of more than one Slum Scheme.
The hearing of the PIL has been consequently deferred to 10 October, by which date it isexpected that the Affidavits would be filed and the information would be with the Counsel.
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