Thursday, August 27


Mumbai: Aghast at Slum Rehabilitation Authority’s (SRA) “false” assurances to it that a special cell was hearing complaints regarding rehabilitation flats in two projects in Sion-Koliwada, Bombay HC has initiated contempt proceedings against its CEO and two other officers.“…what has really shocked the conscience of the court is that the court was persistently misled to believe that the grievance of the applicants would be redressed, as also with full knowledge that such statements/assurances were false, amounting to a brazen disobedience of the orders… which appears to be quite intentional,” said Justices Girish Kulkarni and Neela Gokhale on Tuesday.Finding that “there is a complete derailment of justice”, HC slammed SRA for breaching “with impunity” its orders given at four hearings.On Dec 23, HC had disposed of several petitions on issues including delayed possession of permanent alternative accommodation. The petitioners were directed to approach three special cells constituted by SRA to decide their grievances in a time-bound manner. But as the special cell (city) was non-functional, five persons in two petitions moved HC on March 9 with applications to restore their petitions. Their advocate, Shakil Ahmed, said one petitioner has been staying in a transit camp for nearly 20 years.On July 1, SRA told HC their complaints would be placed before the special cell. On July 8, it said notices had been issued for a July 10 hearing. On July 15, it said the hearing was on July 21. On Aug 7, after being informed by SRA that the cell would pass an order, HC directed a copy of it to be produced and said no further extensions would be granted.On Tuesday, SRA’s advocate Ravleen Sabharwal said the cell is yet to hear the grievances and sought an adjournment. The judges were “aghast”, saying they had adjourned the proceedings each time after believing SRA’s assurances and, more particularly, as the petitioners are senior citizens “running from pillar to post to secure a roof over their heads”.They said orders of July 1, 8, 15 and Aug 7 “have been breached with impunity by the SRA.” The petitioners have been consistently denied a hearing despite SRA’s “clear assurances” that their complaints would be endeavoured to be decided within 15 days as per the Dec 23 order, they said. Such a conduct of SRA “prima facie amounts to intentional/wilful disobedience” of HC orders, “amounting to contempt”, they said.The judges directed that notices be issued to SRA’s CEO Mahendra Kalyankar, assistant registrar Sandhya Bawankule and deputy collector Vandana Georaikar, who are part of SRA’s grievance cell, to show cause why proceedings under Contempt of Courts Act should not be initiated against them. They restored the petitions and directed SRA to pay Rs 50,000 in costs to the petitioners in both petitions within a week.HC will hear the contempt matter on Sept 8 and the other petitions this Friday.



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