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In a significant legal decision, the Bombay High Court has affirmed the termination of the appointment of Surjit Singh Arora, a developer associated with Arora Builders, in the context of the Murugan Chawl slum rehabilitation scheme in Khar West. Justice Milind Jadhav, presiding over the case, dismissed Arora's petition, highlighting the correctness of the orders issued by the Slum Rehabilitation Authority (SRA) CEO and the Apex Grievance Redressal Committee.
The court ordered Arora to pay a cost of Rs 50,000 to Kirtikar Library within two weeks, emphasizing that the protracted delay of over two decades had effectively become the end for the slum rehabilitation scheme, impacting an entire generation over the past 25 years.
The legal saga dates back to July 1998 when Arora purchased a property of nearly 24,000 square feet with existing slums. Subsequently, in October 1998, the Slum Rehabilitation Authority (SRA) sanctioned a scheme, and Arora was appointed as its developer. However, complications arose as Arora's construction activities deviated from the approved plan, leading to a stop-work notice by the SRA in November 2003.
From 2004 to 2014, no substantial progress was made in the development, creating a complete stalemate. In June 2014, Arora sold the property to another developer, and the transactions were concealed from the SRA. In 2018, the SRA issued a show-cause notice due to project delays. Despite Arora's agreement to demolish the existing building and provide 300-square-feet flats to the society's members, further delays and disputes came up.
The turning point came in November 2021 when the society passed a resolution to remove Arora and appointed a new developer. Subsequently, in May 2022, the SRA CEO terminated Arora's appointment. Aggrieved by the decision, Arora approached the Apex Grievance Redressal Committee, which dismissed his appeal in September 2022.
Justice Jadhav's verdict, while dismissing Arora's petition, highlighted the prolonged and inordinate delay in project implementation, emphasizing that this delay was due to unauthorized construction that still exists. The court noted that the delay has impacted the rehabilitation of the society's members and deemed Arora as disinterested, negligent, and lethargic in implementing the project. The judgment also highlighted that, as of November 2022, the arrears of transit rent amounted to over Rs 21 crore, indicating the lack of progress and fulfillment of promises made by the developer.
In conclusion, the court's decision not only upholds the termination of Arora's appointment but also underscores the critical importance of adherence to timelines and regulations in slum rehabilitation projects. The legal proceedings surrounding this case serve as a cautionary tale for developers involved in such schemes, emphasizing the need for timely and transparent execution to ensure the well-being of slum dwellers and the success of rehabilitation initiatives.
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