The Bombay High Court has directed the
Maharashtra Housing and Area Development Authority (MHRDA) to investigate into
the matter wherein 3600 flats have been illegally transferred within a period
of 10 years from the date of allotment, and asked MHADA to file a detailed
report on the same by April 2015.
On taking up the matter in the Public
Interest Litigation filed by Shri Gajendra Khedkar, who in fact, intend to buy
one such flat, the Division Bench of Bombay High Court comprising Justice Abhay
Oka and Justice A.S. Hadkari, were informed that Mr. Khedkar was interested in
acquiring a flat in Samruddhi Co-Operative Housing Society, and he was trying
since 2008 but was unable to do so because of one couple Lahu and Geetha Navle,
who have illegally acquired 7 flats valued Rs.1.24 Crores in the said Society,
in their name, through transfer.
Earlier to this, in a similar matter
of illegal transfer of MHADA flats within a period of 10 years from the date of
allotment, the State Government had assured the same bench of the Bombay High
Court that a written notice will be issued to the beneficiaries concerned,
informing them that they should surrender the flats fraudulently secured by
them from the Government, within 30 days, failing which criminal action will be
initiated against such erring beneficiaries.
Further, the State Government also informed that an FIR would be
registered under relevant sections of Indian Penal Code (IPC) against those
beneficiaries who do not surrender the flats within the prescribed period of 30
days; and such allotment would also be cancelled.
In tune with these directions, the
said couple Lahu and Geetha Navle, were arrested in 2010 and booked under
relevant Sections of IPC that are non-bailable.
Presently the said couple are on bail. Subsequently during 2012, the
subject PIL was filed making MHADA as well as the State Government as
respondents in the case.
After taking on record, the affidavit
submitted by the Advocate of MHADA, to the effect that there are 3600 flats
that are illegally transferred within a period of 10 years from the date of
allotment, the Hon’ble Court directed MHADA to file report on the same and also
directed to brief on the action taken in this regard.
The necessity to have a comprehensive
single reference ready reckoner has been found to be imperative since it
enables easy sanctioning of building plans pertaining to:
- Plots
upto 100 Sq.mt. which are exempted from sanction process;
- Single
Window clearance for plots above 20,000 Sq.mtrs.
The Minister for Urban Development,
directed the DDA to notify simplified bye-laws at the earliest. In terms of these directions, and taking into
consideration the imperative need and with an aim to put an end to the
harrowing experiences of residents of Delhi in obtaining building planapprovals, the Delhi Building Bye-laws of 1983 have been simplified, rationalized
and updated.
The Delhi Urban Arts Commission (DUAC)
in association with Delhi Development Authority (DDA) and Municipal bodies have
completed the simplification exercise and submitted Draft Simplified Bye Laws
to the Urban Development Ministry; and the Minister for Urban Development has
directed the DDA to notify the same at the earliest.
It is a fact that these updated and
simplified Bye-laws will serve as a comprehensive single reference ready
reckoner by integrating the Building Bye Laws notified in 1983 and several
changes that have been subsequently notified over the last 31 years. This will enable the residents of Delhi and
the professionals, in obtaining sanctions for building plans in an easy and time
bound manner. Some new provisions have
also been made to address emerging challenges like green construction and water
conservation and management.
Simplification, rationalization and
updation of Building Bye Laws notified in 1983 under the Delhi Development Act,
1957 was undertaken after extensive consultations by stakeholders. A workshop
in this connection was also held in October 2014 which was participated among
others by over 100 Engineers, Architects, Town Planners, Urban Experts,
Consumer and Building Organisations etc.,
In response to a public notice, over 1000 suggestions were received; and
all these were examined in detail by the DUAC, DDA and other Municipal bodies before coming out
with the subject user friendly Building Bye Laws.
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