The court on barred the committee appointed by the state from probing allegations of instances of forgery made by the social activist against the redevelopment scheme at Golibar Road, Khar, from taking action till June 16.
The Bombay high court on Thursday barred the committee appointed by the state from probing allegations of instances of forgery made by social activist Medha Patkar against the redevelopment scheme at Golibar Road, Khar, from taking action till June 16.
The court has also directed the state to reconstitute the committee comprising of former justice Hosbet Suresh, social activist Simpreet Singh and former IPS Sudhakar Suradkar. The directions came during the hearing of a petition filed by the promoters of Ganesh Krupa Co-operative Housing Society (Proposed) (GKCHS).
Appearing for the developer, advocate Kunal Cheema stated that under the provisions of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, the state government has the power to demolish old structures for proposed redevelopment and implement orders of eviction already issued against slum dwellers in the area.
On Thursday, a bench headed by justice DY Chandrachud felt that prima facie there were judicial orders which had decided the fate of the redevelopment scheme. The court said that it would like to give the state government another opportunity to examine whether the stay on the eviction of the slum dwellers can continue.
Their petition stated that the letter of intent was issued to the society in 2004 and the Collector (Suburban) had issued an eviction order against the slum dwellers on April 4, 2010. The eviction order was contested by 179 slum dwellers before the divisional commissioner, Konkan division, who did not grant them any relief. Thereafter, they challenged the order in the Bombay high court that dismissed the petition in September 2010, holding that the Letter of Intent (LoI) had been approved by a majority slum dwellers of the area. Subsequent challenge to the HC’s order was also dismissed by the Supreme Court.
The GKCHS contended that the government on May 28, had appointed a committee led by retired justice Hosbet Suresh only because Patkar and her supporters were observing a nine-day fast to oppose the redevelopment. They also stated that members (Suresh and Singh) appointed on the committee could not be expected to be objective in their approach as they had participated in similar agitations by slum dwellers.
Government counsel GW Mattos, however, told the court that the committee’s recommendations were not before the state yet and the objections raised were premature. Mattos also said that there was nothing to suggest that members on the committee will be biased towards the slum-dwellers.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
)
)
)
)
)
)
)
)
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}