DATTAK VASTI SANTHA SAMANVAY SAMITI MUMBAI Vs. COMMISSIONER, BRIHAN MUMBAI MUNICIPAL CORPORATION MUMBAI MAHANAGAR PALIKA

JUDGEMENT

(1.) The main challenge in the above petitions is directed against the modification of the policy contained in the scheme "Dattak Vasti Yojana" or "Swach Mumbai Prabodhan Abhiyan" whereby, apart from associations registered under the Societies Registration Act, 1860 or the Bombay Public Trust Act, 1950, even unregistered organizations, i.e., "Mahila Bachat Gats" have been made eligible to participate in the scheme.

(2.) The scheme takes cognizance of the circumstance that an estimated 60% of the population in the city of Mumbai is living in slum areas where proper sanitation facilities are lacking. It is conceded that it is the responsibility of the Municipal Corporation of Greater Bombay (MCGM) to undertake the cleanliness drives and provide for better sanitation and garbage disposal facilities.

(3.) As per the original scheme, the CBO's had to be registered organizations comprising local persons and its primary objectives had to be the improvement of standard of living, and to promote education, social welfare, sports and other social activities through public participation. Such CBOs had to have the ability to organize people in the implementation of the scheme. Under the original scheme, the community based organizations registered under the Societies Registration Act, 1860 or the Bombay Public Trust Act, 1950 and having as one of its objectives improvement of standard of living, education, sports, culture and other social activities within the area of their operation, were considered eligible to participate in the scheme of adoption of specified slum areas. The eligibility criteria also included some other conditions like experience and maintenance of duly audited accounts. Under the scheme, advertisements would be issued from time to time inviting applications from eligible community based organizations. From the response received, a common pool of eligible organizations for Administrative Wards is created. From out of the common pool, the organizations will be selected by draw of lots or by adopting a lottery system. One of the conditions for selection was that the organizations should have collected mandatory public contribution from more than 40% of the families and collection should reflect in the bank accounts and annual audit reports. The organizations so selected would be paid an honorarium. The scheme itself indicates that the objective of the scheme is community work, coordination with various agencies, public participation, awareness, incentives for outstanding work and imposition of fines, where work is not as per the specifications and requirements.