Fixing a big loophole, the Bombay High Court on Monday held that no one will be entitled to hold more than one house at a time under any state-run scheme. The ruling will apply to Judges too.
While mentioning more about the concessional rate schemes which are been offered to the Judges and other persons, the court held that there was nothing wrong if the government had floated a scheme to allot houses to judges and other persons at a concessional rate, but if a person took advantage of this and obtained more than one house, it would amount to misuse of position for unjust enrichment.
A division bench of justices BR Gavai and Bharti Dangre was hearing a public interest litigation (PIL) filed by the former scribe Ketan Tirodkar. The PIL had raised its objections to the state government's decision to construct a high-rise at Oshiwara, for sitting HC judges.
Tirodkar said the procedure which the state government was using for allotting houses in the society was a 'pick and choose method', which was wrong in itself. Of the 63 tenement society, 39 were already assigned to the sitting HC judges and the fact remains that these judges already had their respective homes in several schemes which were state run.
The 18-paged order mentions that the state government will have to formulate a scheme by which any person, which also includes judges, will be entitled to one residence under the state-run scheme.
Explaining the orders in detail, the order reads if the person or a judge wanted to upgrade or opt for a flat in any other city, he or she would have to surrender the existing flat to the government so as to be entitled for allotment in a better scheme.
"It is not possible for judges of this court who, after sacrificing their practice, have answered the call to serve the nation and the society, by becoming a judge, to purchase a flat/house from the open market in a city like Mumbai," the court said.
‘ACCOUNTABLE TO OWN CONSCIENCE’
The HC also added that while it is always said that the judiciary is not answerable to anyone, judges are accountable to their own conscience. However, while deciding about the remaining 24 flats in the building at Oshiwara, the court directed the registrar general of the high court to draw up a list of sitting HC judges as per seniority and to check if they wished to apply for the allotment and submit the list to the government.
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