BMC GETS 6 WEEKS - `Decide on redevpt of dilapidated mkts'





Expressing concern over the dilapidated old municipal markets, the HC has asked the BMC to take a decision on proposals to develop the civic markets in Andheri and Santa Cruz. A division bench of Justice Anoop Mohta and Justice F M Reis struck down the corporation's orders rejecting the redevelopment proposals on the ground that it was in the process of revising the existing policy . The court said that the corporation could not halt the redevelopment citing proposed change in policy .

"There cannot be any dispute with regard to the pathetic conditions of the markets," said the judges. "If it is the corporation's obligation to redevelop and take control of such dilapidated buildings andor markets, then there is no reason for it not to take action based upon the existing poli cy at the earliest," the court said.

"All are concerned with the development of the markets which is essential part of the society. Most of the markets (see) huge crowds and movement of people of all sorts and age. The requisite facilities and safe buildings are the need of time.The policy decision to develop the markets only after the revised policy is submitted, in our view, is unacceptable submission and specifically when the existing policy nowhere gives this restriction to the corporation. They cannot postpone the development of the city , and specifically of the markets, merely because they have decided to change the policy," said the judges.

The HC has given the BMC six weeks to decide on the redevelopment proposals.





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39 years to get deemed conveyance





HC Relief For Jogeshwari Housing Society Thirty-nine years after they purchased flats in Jogeshwari, the Bombay high court has ordered deemed conveyance to the Farhat cooperative housing society.

"Since the owners having abdicated their obligation under the Maharashtra Ownership of Flats Act (MOFA) of conveying the property to the society, the competent authority has rightly intervened by passing the impugned order (of deemed conveyance)," said Justice R M Savant. The HC, however, struck down the deputy registrar's order that made deemed conveyance conditional on the final orders in a suit between the developers, Malkani Enterprises, and the land owners. The court said the litigation appeared to be a way to stop the society from getting deemed conveyance.

"The facts are very eloquent and therefore unmistakably lead to an inference that the suit has been filed by the owners merely to put obstacles in the society's way from get ting the deemed conveyance.

The suit has been filed without disclosing that a building having two wings, comprising around 60 flats, has already been constructed. The fact that Malkani Enterprises has virtually no rights remaining in the plot has been conspicuously kept away from the small causes court, and an order of injunction has been obtained against it," the judge said, adding, that making the order conditional "virtually made the grant of deemed conveyance ineffective".

The building was constructed in the mid-70s. The developer failed to form a society, which was set up by the flat owners themselves after 15 years. The plot's conveyance too was not granted. In 2006, the society issued notices to the developer for failing to grant conveyance and a criminal case was registered. In 2012, the plot owners issued notices to the developer cancelling the monthly tenancy as arrears were not paid for over 20 years. Subsequently, a suit was filed by the developers against the owners.

The HC said prima facie there was collusion between the developer and land owners to stop the society from getting conveyance. The owners will get six weeks to file an appeal.





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