After the hutment owner gets the benefit of slum rehabilitation scheme, such person or his/her wife/husband or their minor children will not be entitled to buy or transfer the hutment..
Resolution (MCHI-G.R.No.SRP-1001/Case No.125, 16th May 2015)
SRA Question: Parents have 2 houses in Mu Chawl. Are they eligible for two houses under Scheme?
Hello, My parents have two houses in a chawl in Mumbai. One house is under my Mother's name and second house is under my father's name. Both of them are legal houses where we all required documents of sell/purchase. Now under SRA act government if of the opinion that they will make one legal and other illegal. I would like to know what is the rule and how to challenge this since both houses were purchased with hard earned money and its sad to see such government rules in effect.
Asked 5 years ago in Property Law
Religion: Hindu
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6 Answers
, it will be necessary for that hutment dweller to furnish a self declaration on plain paper affixing his own photo stating that he is residing in that very hutment even at present and that he does not have any other hutment/house/flat on ownership basis or rental basis in his name or in the name of his/her wife/husband or in the name of children below 18 years (minor) in the area of concerned local self government bodies like municipal corporation/municipality/city council. If it is found that wrong information has been given he will be declared ineligible, besides criminal proceedings will be started against that individual.
2) if you are an adult one room can be transferred in your name by gift deed by your mother and you woukd be eligible for being allotted room on redevelopment i
You can challenge the same by filing writ petition in the high court. It is the best remedy you have
- As per the information mentioned in the present query, makes it clear that your parents are having all the recquired documents to show your title over the same irrespective of the act of the authority that now they have been saying something which can’t be accepted at all.
- Whenever, thee have to have may change/ amendment in the policy or ruled then it can’t have retrospective effects as this will create hardships for people like you and burden on the judiciary arising out in the form of the legal cases.
- Yes, you should give a representation to the concerned department about their arbitary act.
- And if they happen to declare any such notification then I would suggest you to file a Writ of Mandamus as per article 226 of our Constitution before the Hon’ble High court, seeking immediate stay order agaisnt their arbitary ruling.
Dear Client,
Nothing like that, Only those allotments will declare illegal which are acquired under Slum Rehabilitation Scheme i.e. more than one chawl by same person.
nly actual occupants of hutment shall be eligible for rehab. ... Slum rehabilitation: One family, one tenement, says new SRA rule ... Even if a person or other members of his family own more than one structure, the family will still get only one tenement.
SRA says, "Only the actual occupants of the hutment shall be eligible, and the so-called structure owner other than the actual occupant, if any, even if his name is shown in the electoral roll for the structure, shall have no right whatsoever to the reconstructed tenement against that structure.
