HC strikes down allotment of 1046-sq-mtr MHADA plot for temple construction

MUMBAI: The Bombay High Court on Monday struck down a 2002 order of the state government alloting a plot of land in Gorai Nagar MHADA Colony to Ayyappa Seva Samiti for construction of a temple. The 1046-sq-mtr plot was earlier marked by MHADA for a social welfare centre.
The division bench of justice MS Sonak and justice Arif Doctor struck down the 2002 allotment, mainly because it was made without public advertising and without offering other interesting parties an opportunity to apply for it. After cancelling the allotment, the court directed MHADA to take possession of the plot again.
The order was passed on a petition filed by Gorai Nagar Maharashtra Grihanirman Vasahat Sanghatna, an association of the occupants of the 27 MHADA buildings in Gorai Nagar in Borivali West. As the plot was marked by MHADA for a social welfare centre, the association had applied to the housing authority for it, but it was rejected by the authority in August 1993, stating that it had decided not to allot plots without issuing public advertisements and calling applications from all interested persons/parties.
However, in December 2002, some representatives of the Ayyappa Seva Samiti visited the plot, and on inquiry, informed the residents that the state government had allotted the 1046-sq-mtr plot to them for construction of a temple. After its detailed representation to competent authority fell on deaf ears, the MHADA building occupants association moved the high court in March 2003, challenging the allotment of the plot for construction of a temple.
Acting on the petition, the court had on March 20, 2003, ordered a status quo, thus preventing the Ayyappa Seva Samiti from undertaking any work at the site.
Responding to the petition, the state government stated that since allotment of another plot by the then chief minister Narayan Rane to Ayyappa Seva Samiti was cancelled by his successor in the office, late Vilasrao Deshmukh, the Gorai Nagar plot was allotted to the Samiti.
In this backdrop, the high court allowed the occupants association’s petition and struck down the allotment, observing that the public property should not have been allotted to the Samiti without a public advertisement.
“There is no explanation why no public advertisement was issued even though the petitioners were time and again informed that the subject plot would not be allotted until a public advertisement was issued and applications were invited from all the applicants,” said the bench.
“Ultimately, the state government and MHADA were dealing with public property. The allotment of public property had to be through a fair and transparent procedure in which equal opportunities were extended to all eligible persons/associations,” it added, and cancelled the allotment and directed MHADA to take possession of the plot again.