MUMBAI: Maharashtra Housing and Area Development Board has cancelled the allotment of flat to a woman who faked divorce in order to be eligible for it.
Bombay High Court, after hearing a petition by an unsuccessful participant in its February 2009 lottery challenging the allotment, had remanded the matter to the Board to hearit afresh and pass an order.In his December 31, 2012 order, the chief officer (CO) held that Suman Patil (name changed) at the time of application was not legally divorced. He said she also had misinformed MHADA about the ownership ofa flat in Bandra owned by her husband and was hence ineligible for allotment. A condition for allotment is that an applicant or his/her spouse must not own a flat within BMC limits.
Patil had applied for a higher income group flat and was declared successful. She was allotted a 700 square feet flat at Versova in June 2010. One Subhash Savaskar moved High Court urging cancellation of allotment and criminal action against her.HC disposed the matter after directing Mhada to hear both sides and pass an order. The estate manager on August 10, 2011 declared Patil eligible. Savaskar again moved HC which on August 16, 2012 quashed the estate manager's order and remanded the matter to the Board.
Before the Board,Patil's advocate Y K Tiwari argued that the Family Court in its February 17, 2012 dissolving the marriage had observed that she and her husband are residing separately since March 2008. He said Patil is not disqualified according to the rule for allocation of MHADA flat and did not give false information in her application.
Savaskar's advocates Ashutosh Kumbhakoni and Shardul Singh countered that to Mhada's showcause notice, Patil had replied that she had made a mistake and claimed the Bandra flat was owned by her sister-in-law. This, they said, was proved to be false in the inquiry of the chief vigilance officer as the housing society confirmed her husband owned it. They also submitted that a deed of divorce is not a valid legal document and that divorce can only be granted by a court of law.
The question to be decided by the CO was whether Patil can be considered divorced based ona divorce deed dated March 24, 2008 signed by her and her husband which was prior to the date of application for the lottery. The CO noted that the very fact that Patil approached the Family Court in August 2011 for divorce, and got it by mutual consent in February 2012 , indicates that the divorce deed was of no value to her. The deed of divorce cannot be considered a final documentgranting two parties a formal divorce,'' said the CO, adding that therefore Patil at the time of application for allotment was not legally divorced.
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