State duration for SRA building acquired for Covid-19 patients, compensation to be paid: HC to BMC

The Bombay high court (HC) has directed the Brihanmumbai Municipal Corporation (BMC) to respond to an Andheri developer’s plea seeking clarification on how long

The Bombay high court (HC) has directed the Brihanmumbai Municipal Corporation (BMC) to respond to an Andheri developer’s plea seeking clarification on how long the civic body will keep possession of a building constructed under the Slum Rehabilitation Authority (SRA) scheme. BMC took possession of the completed building to use it as a quarantine facility for Covid-19 patients but did not inform on the duration or amount of compensation it would pay, hence the developer approached the court.

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A division bench of justices R D Dhanuka and Abhay Ahuja while hearing a petition filed by Sahyog Homes was informed by advocate Nilesh Gala, through video conferencing, that the developer had undertaken an SRA project at Andheri and had completed construction of a couple of buildings. However, construction of some buildings was held as the civic body had not issued other certificates required to continue work on the project.

Gala further submitted that as the building acquired by the BMC did not have the occupation certificate or the no-objection certificate in the event of any untoward incident, the civic body would be solely responsible and the developer could not be held answerable for it. He also stated that in light of this, the court should direct the BMC to expedite granting of certificates for the completed buildings in the project as well as disclose the duration till when the building would remain in its custody.

Additional government pleader Jyoti Chavan submitted that the state had not been served a copy of the petition. After hearing the petitioner’s claim, she informed the bench that a similar petition had come up earlier on May 11 with almost identical prayers and hence both petitions should be heard together.

After hearing the submissions, the bench directed advocate Rupali Adhate for the civic body to file an affidavit within two weeks and to mention the period for which the building was requisitioned and the compensation amount that would be paid to the petitioner. It then posted the petition to be heard along with the earlier petition on June 2.