Bombay HC: Despite notice in PIL, Kirit Somaiya not represented to explain his interest against joint che – Times of India

MUMBAI: The Bombay high court on Monday noted that despite service of a PIL on BJP leader Kirit Somaiya he was not represented by any lawyer to explain the reasons of his interest against a joint inspection of 68 slum project files whose sites were under BMC but files were transferred to Slum Rehabilitation Authority (SRA) despite a stop work order on majority of the files.
The Public Interest Litigation (PIL) filed by an NGO Earth and its president Pravin Kalme seeks to set aside a letter issued to it by the SRA issued on October 13, 2020 cancelling , without assigning reasons, a joint inspection of the 68 files as directed earlier by the Maharashtra housing minister. The PIL argued by advocate Sukand Kulkarni contended that it was Somaiya’s “communication and instigation” that the SRA cancelled the inspection. Somaiya had on October 10, 2020 written to the SRA CEO against the joint inspection said the PIL.
On Monday, when the PIL was heard, HC bench of chief justice Dipankar Datta and Justice M G Sewlikar directed the SRA to file its reply by April 20 and “say whether it proposes to go ahead with the joint inspection of the 68 sites with the petitioners as participating parties.’’
The HC also said, “ We record that despite service of copy of the PIL petition on the added respondent (Somaiya), there is no appearance from his side.’’
Hence, the HC said, “we could not ascertain his interest in the matter and in writing the letter to the chief executive officer, Slum Rehabilitation Authority, Bandra, Mumbai, dated October 10,2020 opposing the joint inspection.” If he so chooses he may file his reply in ten days said the HC and posted the matter to April 25.
The PIL wants the HC to direct SRA through its CEO to reschedule the joint inspection. The NGO said its goal is to achieve Sustainable Development Goals and a ‘corruption free Maharashtra and India’. In its campaign to achieve its goal, the NGO said it identified projects where there have been “blatant violations of Development Control regulations and constructions that were beyond approved plans before 2012. In a majority of the identified cases, the BMC had issued stop work notices and in 68 cases the files were transferred in January 2012 to the SRA which granted concessions to regularise illegal construction.
In many buildings among these projects in Bandra and Andheri flats in the sale component were sold and occupied for over five years even though no Occupancy certificate is granted. The PIL also said though in most cases the slum rehabilitation projects began in 2011/2021 OC is still not granted by the SRA and neither are permanent transit camps constructed , strengthening the NGO’s apprehension “that there seem to be connivance between developers and certain officials of the SRA.”