FIR lodged against double allottees of flat uner CM quota: Maharashtra government tells Bombay high court

The Bombay high court was on Tuesday informed by the state government that it had filed an FIR against 27 people, who had secured double allotment of houses under the chief ministers, two and five per cent discretionary quota by submitting false affidavits.

The urban development department and the housing department, tendered their additional affidavits to the court stating about the action taken. These were given after the HC had on the last hearing rapped the government for not initiating criminal prosecution against the double allottees instead going easy on them after they agreed to return the second flat or pay the market price.

A division bench of Justices Abhay Oka and Girish Kulkarni were hearing a PIL filed by former journalist Ketan Tirodkar, challenging double or multiple allotment of flats.

As per the affidavit filed by the housing department, in 11 cases, beneficiaries had secured double allotment of flats in two as well as five per cent discretionary quota. Of these, seven beneficiaries had initially secured a flat under two per cent quota and later another flat under five per cent quota. Hence, the urban development department had in a letter on August 30, 2014, sought action in these cases. It was also informed that in the remaining four cases, the beneficiaries had initially taken flats under five per cent quota and later under two per cent quota.

The government said that action was being initiated against these beneficiaries for giving false declarations stating they or their family members had no flat in the state, in order to get second allotment of houses.

While deputy secretary SK Salimath, of the urban development department, submitted an action taken report, stating that FIRs had been filed against 16 people for procuring second house from CM's discretionary quota.

Further it is said that the allotment of second tenement to any double allottee would be canceled and if such beneficiary has sold out one of the two houses allotted to him, then the market price of such house would be recovered from him/her. In case, such allottee has sold both the houses, the market price of the second house would be recovered from him/her.

On March 20, the HC had struck down the state's policy for allotment of houses to the beneficiaries under the CM's quota. While setting aside the government resolutions it had noted that the policy as "illegal, irrational and unfair", the state has been asked to frame a new policy which should be transparent and fair.