Mhada apathy to dispute irks HC

Mumbai: The Bombay high court on Tuesday expressed its displeasure over resistance shown by the Maharashtra Housing and Area Development Authority (Mhada) to a suggestion for the resolution of a dispute in a housing colony in Goregaon (W). 

    When a division bench of Chief Justice Mohit Shah and Justice Anoop Mohta suggested that the authority charge a premium to regularise illegal extensions made by the occupants of its colony, Mhada said it could not give its consent to the proposal as the case was not an isolated one and extensions had been made in a vast number of colonies in the city. 
    "It will set a bad precedent," Mhada's advocate P G Lad said. 
    The court was hearing a PIL by Manjula Veeran seeking a direction toMhada and the BMC to demolish the unauthorised constructions in Motilal Nagar I, II and III. 
    BMC counsel Anil Sakhare said the civic body would take action after the submission of all particulars by Mhada, including the building plan and the survey report indicating which constructions were unauthorised. He said there were some 6,000 structures and the illegal extensions could be regularised by paying a premium if the society came forward for redevelopment. 
    Justice Shah said: "You (Mhada) will get the premium, not BMC. This is the difficulty with public authorities. We want to give you something. You don't want it." 
    The justices said that since the land was owned by Mhada, if any scheme for redevelopment was submitted it would get the premium or the builtup area, or both, as per the development agreement. They directed Mhada to conduct a survey in six months and submit it to the BMC, which would undertake the demolition. 
    The judges said it would be open to the occupants to apply to Mhada for redevelopment permission, and the authority, while issuing a no-objection certificate, could ask for premium or built-up area. They said in case of redevelopment, the BMC would not have to demolish the unauthorised constructions as it would then be the developer's responsibility.