‘Okay with ex-judge probe in CM flat quota allotment’

MUMBAI: The state government on Tuesday consented to an inquiry by a retired high court judge into irregularities in the allotment of flats under the chief minister's discretionary quota.

A division bench of Justice Abhay Oka and Justice Girish Kulkarni heard a PIL by activist Ketan Tirodkar seeking action against double allottees under 5% Urban Land Ceiling and 2% under Mhada. On September 23 , the judges said rather than "bits and pieces" of inquiry on information provided by Tirodkar, it is better that a committee or even "one person looks into all cases of allotments" and had sought the government's response.

Advocate general Khambata said, "The government is agreeable to the appointment of a retired judge instead of a committee." The judges said the probe will have to commence from the first government resolution of 1982. "See the enormity of the task. We have to direct inquiry from 1982 GR onwards," said Justice Oka, adding that it will cover nine urban agglomerations and seven regional boards. The judges also said the "in-depth inquiry" will have to be made on eligibility of the allottees in the light of each GR, will involve verification of applications and cross-checking of records and procedural compliances. "Considering the controversy, it is better to appoint a retired judge of this court, so that a proper inquiry is made," said Justice Oka. The judges also said those who volunteer to surrender their flats can feel free to do so but it will not exempt them from prosecution.

The judges said the retired judge would require assistance of officials to help him and zeroed in on additional collector, ULC , Mumbai, and joint secretary (housing). They asked Khambata to produce draft terms for the inquiry. The judges said they will get the name of the retired HC judge, to be appointed from the HC registry, and pass orders on October 6.

Considering the controversy, it is better to appoint a retired judge of this court, so that a proper inquiry is made

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