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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO.581 OF 2012

Jubeda Shabbir Ansari ..Petitioner.

versus
The State of Maharashtra and another ..Respondents.
.....
Ms. R.K. Bhagia for the Petitioner.
Mr. Milind More, AGP for Respondent No.1.
Mr. G.D. Utangale with Mr. B.V. Phadnis i/b M/s. Utangale & Co. for Respondent
No.2
......

CORAM : DR.D.Y.CHANDRACHUD, and

A.A.SAYED, JJ.

19 November 2012.

P.C. :
The Petitioner – Jubeda Shabbir Ansari, was allotted a tenement under a
Slum Rehabilitation Scheme on or about 22 June 2000. An application was
submitted on 13 October 2011 to the Chief Executive Officer of the Slum
Rehabilitation Authority for the grant of permission under Section 3E of the
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act
1971 for transfer of the premises. Though the Petition has been filed in the
name of the allottee, it has been affirmed by the purchaser as Constituted
Attorney of the original allottee. A power of attorney executed on 29 September
2010 is annexed to the Petition which refers to the fact that on 29 September
2010, the original allottee had sold rights in respect of the premises to the
purchaser for consideration.

2. Section 3E stipulates that tenements allotted to persons under the Slum

Rehabilitation Scheme shall not be transferred by the allottee for a period of ten
years commencing from the date of allotment. After the period of ten years, the
allottee may with the permission of the SRA transfer the tenement in accordance
with the prescribed procedure. Counsel appearing on behalf of the SRA has
submitted that in the present case the transfer had taken place even before an
application for permission under Section 3E was filed.

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3. Since in the present case the Petitioner had filed an application for
permission under Section 3E on 13 October 2011, it is appropriate to direct the
SRA to dispose of the application within a period of two months of the date of
receipt of an authenticated copy of this order. From the record it appears that on
7 July 2011 the SRA sought the general directions of the State Government in
the Housing Department with regard to the procedure to be followed for the grant
of permission for transfer of tenements under Section 3E. We leave it open to
the SRA to determine the modalities, if necessary, after consultation with the
State Government in order to ensure that occupants are not required to file
petitions before this Court for permission to transfer after the completion of ten
years merely on the ground of inaction of the authorities concerned. The
competent authority is duty bound to take a decision one way or the other and in
accordance with law upon an application being filed and we hence dispose of the
Petition by directing that the application submitted by the Petitioner shall be
disposed of within a period of two months of the production of a copy of this
order. Since the Court has been informed that no modalities have thus far been
prescribed by the State Government, we would expect the Government to
devote its urgent attention to this aspect so that the time schedule which has
been laid down can be complied with. The Petition is accordingly disposed of.
There shall be no order as to costs.

(Dr. D.Y. Chandrachud, J.)

(A.A.Sayed, J.)

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