HC declines to vacate stay on flats through CM’s quota
The stay on allotment of flats from the Chief Minister’s discretionary quota, popularly known as 10 % and 2 % quotas, will continue for at least one more month. The Bombay High Court on Wednesday declined to vacate the stay imposed in January 2011.mumbai Updated: Feb 02, 2012 01:59 IST
The stay on allotment of flats from the chief minister’s discretionary quota, popularly known as 10 % and 2 % quotas, will continue for at least one more month. The Bombay High Court on Wednesday declined to vacate the stay imposed in January 2011.
Government pleader DA Nalawade on Wednesday urged the court to vacate the stay stating the state government has now framed guidelines for allotment of flats through the discretionary quotas.
But, the division bench of Justice SA Bobde and Justice RD Dhanuka declined to reverse the interim order of January 12, 2011 and instead posted the petition for final hearing on March 12. The court had stayed the allotment after finding that there were no written norms or guidelines for allotment of the flats from Chief Minister’s discretionary quota.
The petition has been filed by Dr. TC Kaushik, a central government employee. Kaushik had approached high court after finding a flat allotted to him at Versova in Andheri was handed over to somebody else.
According to his petition, the principal secretary, housing department had him allotted a flat in Excellence Co-operative Housing Society at Versova in September 2005. According to his counsel Advait Sethna thereafter Kaushik had written numerous letters to the state authorities, MHADA and met several concerned authorities but did not get any information as to when he would get possession of the flat.
However, in October 2009 when he himself went to inquire at the site, he found the flat allotted to him had been occupied by somebody else — DN Mapuskar, a former registrar of the high court. Later he came to know that the same flat had been allotted to Mapuskar in June 2006 and accordingly he was put in possession.