MOINUDDIN PASHAMIYA SHAIKH Vs. SLUM REHABILITATION AUTHORITY

JUDGEMENT

(1.) Something is rotten in the state of the SRA. This case for the first time gives us numbers. And these numbers are not only frightening but they point to what we can only describe as an ongoing fraud on statute at various levels, and widespread trafficking in free-of-cost slum rehabilitation tenements. Even with these numbers, there are many things still unknown and to be investigated.

(2.) To set the stage for what follows, we have reference to our order of 22/3/2022, over a year ago. We took an unusual step in that order for we first released it on draft on that date and then in final form two days later on 24/3/2022 after all before us had an opportunity to make suggestions on the factual aspects. We reproduce the relevant portions of the order of 22/3/2022: (This order was dictated in Court on 22/3/2022, and was expressly stated to be made available in draft for corrections and necessary changes. The present order is after discussion in court. A separate order dtd. 24/3/2022 has been dictated and uploaded, setting out these circumstances and further particulars.)

(3.) Budhpur Buildcon now comes in as a recognized co- developer. It is confronted with several question, including, importantly for our immediate purposes, its liability for transit rent arrears and other aspects relating to its being the successor co-developer for the entire SR project. This use of the word 'co-developer' should not be misconstrued. The earlier developer, HDIL, has fallen by the wayside. The expression 'co-developer' used for Budhpur Buildcon is only clarificatory, i.e. that it is not entirely an outsider developer coming in for the first time.