20% of large plots must be used to build tenements for poor: Bombay High Court

The Bombay high court on Thursday upheld a government notification of November 2013 in a decision that will benefit the poor in terms of housing. The notification states that while developing a plot measuring 4,000 sqm or more, 20 per cent of it should be used to construct tenements for the economically weaker sections (EWS)/ low income groups (LIG).

The Bombay high court on Thursday upheld a government notification of November 2013 in a decision that will benefit the poor in terms of housing. The notification states that while developing a plot measuring 4,000 sqm or more, 20 per cent of it should be used to construct tenements for the economically weaker sections (EWS)/ low income groups (LIG).

A division bench of Chief Justice Mohit Shah and Justice MS Sanklecha dismissed five petitions by developers and co-operative housing societies challenging this notification. The judges observed, "We do not find that the petitioner is deprived of properties without authority of law under Article 300-A of the Constitution of India."

The notification makes it mandatory for the land owner to either develop plots of 30-50 sqm for EWS/LIG on 20 per cent of the land or hand over this part of land to the Maharashtra Housing and Area Development Authority (MHADA) for constructing EWS/LIG tenements at the rate prescribed in the annual statement of rates. There is also a clause which states that for affordable plots which are to be sold to MHADA, equal quantum of FSI will be given to be utilised on the remaining plots. The notification also lays down the method of deciding the cost of land acquisition in the Development Control Regulation itself and by-passes the Land Acquisition Act, 1894.

Rejecting the argument that the notification is arbitrary and unconstitutional, the HC observed that the owners are being provided with equal benefits. "The petitioners are being given compensation in the form of FSI or in the form of construction cost as per the ready reckoner. The compensation in both forms is not illusory. The land owner can exploit the land to the fullest extent by virtue of receiving FSI attributable to the 20% of land which is taken over for economically weaker sections. The cost of construction is also paid at the ready reckoner rate where the land owner builds tenements and gives it to the MHADA," the bench said.

The HC did not accept contentions of the petitioners that the notification does not define EWS. It observed that MHADA had issued a notification in February 2007 that classified EWS in LIG and MIG (Medium Income Group).

One of the petitions is of Central Bank Colleagues Co-operative Housing Society Limited at Vile Parle and Mayfair Housing Private Limited at Andheri through advocate Nivit Srivastava. The other petition is by promoter and builder Sanjay Kulkarni.

Maharashtra: Government to conduct survey of elected bodies in co-operative housing societies across state

Showing concern that hundreds of societies did not have a board or managing committee to look after the affairs of the condominiums, members wanted more information from the government. Ashish Shelar asked if the government planned to gather data on this.

The government will be conducting a survey of elected bodies in cooperative housing societies across the state. This information was recently given in the assembly during a calling attention motion.

Showing concern that hundreds of societies did not have a board or managing committee to look after the affairs of the condominiums, members wanted more information from the government. Ashish Shelar asked if the government planned to gather data on this.

Calling attention is a procedure whereby a member calls the attention of a minister to a matter of urgent public importance. The minister concerned makes a brief statement thereon after which members seek clarifications.

There are nearly 81,000 co-operative housing societies, including over 12,000 from city, in the state. These are divided in two groups – K and D. The first category comprises housing societies that have less than 200 members, while the other has a member count of more than 200. Each housing society should have an elected body in place by June 30.

"We will conduct a survey to check if the elected bodies are in place," said Dadaji Bhuse, minister of state for co-operation. Two other issues that were raised will also be taken for discussion stated the minister. These were allowances given to those conducting elections and to the CA's. On the issue of shortage of people in the registrar's office, the minister said that staff from other departments would be taken for the work to be carried forward.