32 years and still no plots: 300 Mhada beneficiaries to move SC
MUMBAI, June 14 -- After a 30-year stint with Mumbai police, Sayajirao Phadtare was compelled to move his family to Satara in 2015 as he had no place to call his own in the city. After participating in the Maharashtra Housing and Area Development Authority's (Mhada) lottery in 1994, Phadtare, now 70, won a plot in Malvani, Malad, but has been fighting alongside 299 others for over 30 years to claim the space.
Despite a Supreme Court (SC) clearance, the 300 families, who were allotted the plots 32 years ago are yet to get permission to construct their houses, allegedly due to the high handedness of Mhada officials who, they say, are causing delays citing Coastal Regulation Zone (CRZ) norms.
"We will approach SC again next week with a plea to act against the concerned Mhada officials for contempt of court," said Arjun Desai, secretary of one of the seven societies of the plot holders.
"I was 22 years old when I won the lottery. I was waiting to get the plot in order to get married but after a long wait I had to buy a flat in Gorai because I could not postpone my wedding," said Desai, who had won a 21-square-meter plot.
The plot scheme in Malvani was formulated by the housing authority in 1991, under a World Bank-assisted Bombay Urban Development Project (BUDP) project, much before it started selling self-contained accommodations.
Under the scheme plots ranging from 21 to 40 square metres were allotted for individuals to build self-contained houses, reflecting the housing authority's practice before shifting to multi-storeyed buildings. Under this plan, the land layout was divided into seven sectors, each managed by its own housing society.
In October 1994, Mhada invited applications for allotment of the plots under the lottery system, and in 1995 the "lucky" plot owners were given possession letters, with a promise that they would get possession of the plots in the developed layout the following year.
The Union Ministry of Environment and Forests, which had initially stated that the plots were allotted after the CRZ regulations came into effect on February 19, 1991 and therefore CRZ restrictions were applicable to them, in November 2005, granted approval for using the plots for housing purposes, based on the information supplied by Mhada. But the housing authority still did not give the allottees possession of the plots.
After a long wait, in 2011, members of all seven proposed societies approached the Bombay high court (HC) against Mhada. The court ruled in their favour in 2015 and granted them permission to construct their own houses on the allotted plots. Mhada, however, intervened and had the order cancelled in 2017, stating before HC that the plots fell within a 50-meter mangrove buffer zone and hence no permission for construction could be granted on the land. HC then told Mhada not to give the allotees licence for re-possession.
In 2022, the beneficiaries moved SC, which noting that the layout was sanctioned between 1987 and 1994, and the work on roads and infrastructure around it was completed years ago, ruled in favour of the plot allottees on February 25, 2025. The apex court had underscored that development work, such as levelling of the land, plotting and construction of internal roads, was already carried out on these plots much before the HC order.
Hindustan Times is in possession of copies of the HC and SC orders.
However, despite the SC order, the 300 beneficiaries of the Mhada plots are yet to get possession of the land parcels. "Now, whenever we approach Mhada, officials keep stalling the matter by sending us to its legal department. My file has gone to the legal department at least three times in the past one year," added Desai.
"I have to come to Mumbai all the way from Satara just to fight for my rights. If the plots are not released immediately by Mhada, we will file a contempt petition, for violating SC guidelines," said Phadtare.
HT attempted to contact Mhada's vice president and CEO Sanjeev Jaiswal, and Mumbai Board chief officer Milind Borikar, to hear their version on the matter, but got no response....
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