RAJENDRA R. VISHWAKARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The primary issue in these proceedings is profiteering and/or commercialisation from the tenements received by the slum dweller (petitioner) in a slum redevelopment scheme by illegal transfer and use purely for commercial exploitation.

(2.) This petition under Art. 226 of the Constitution challenges an order dated 5.5.2018 passed by the Grievance Redressal Committee constituted under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short the ""Slums Act") whereby Appeal No.322 of 2017 filed by the petitioner against the order of the Additional Collector confirming petitioners eviction from the premises in question stands dismissed.

(3.) The dispute in the present petition pertains to tenement no.104 in 'A' wing situated in New Prabhat Cooperative Housing Society Ltd, Andheri (East) Mumbai-400069. (for short the "said tenement"). One Pradeep Dattatraya Bhaigade respondent no.6 had filed a complaint with the competent authority complaining that the petitioner had illegally transferred the said residential premises under the slum rehabilitation scheme to Smt Pratibha Vishwanath Shetty and that the premises are being used for commercial purposes. On the above background, through the Assistant Registrar, Co-operative Department, SRA, an inspection of the tenements was undertaken, and a report came to be prepared. The report recorded that on verification of the original entries in Annexure-II (List of eligible persons for allotment of permanent alternate accommodation) as compared with the survey report dated 21.7.2015 submitted by the Area Officer, it was revealed that the petitioner's premises are in use and possession of one Spun TV and are used for commercial purposes. It was recorded that prior permission of the competent authority was not taken for transfer of the premises. The report also revealed that Spun TV had amalgamated these premises and was in possession of the tenement nos.101,102, 103, 104 and all these tenements were used for commercial purposes.