hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 787 OF 2011 Saru K.V. Mohammad and Ors. ... Petitioners Versus The High Power Committee and Ors. ... Respondents Mrs. Veena Thadani for petitioners. Mr. D.A. Nalawade for respondent Nos. 1 and 3. Mr. Milind More, A.G.P. for respondent nos. 2 and 6. Mr. S.U. Kamdar i/by Mr. Umashankar Upadhaya for respondent no. 4. Mr. S.G. Surana i/by Mr. C.N. Gole for respondent no. 5. Ms. P.A. Purandare for respondent no. 8. CORAM : P.B. MAJMUDAR & MRS. MRIDULA BHATKAR,JJ. DATED : NOVEMBER 22, 2011 P.C. By way of this writ petition, the petitioners have challenged the benefits given by the S.R.A., under the slum scheme to ineligible persons. According to the petitioners, great fraud and illegality is committed by the S.R.A., and ineligible persons have been given benefits under the scheme which includes the people having high status in the society. According to the petitioners, appropriate enquiry is required to be made in connection with the subject matter and Court 1 Commissioner or a Committee may be appointed to enquire into the alleged fraud committed by the second respondent. 2. The petition have been resisted by the respondents by filing reply. 3. In this behalf, reference is required to be made to the affidavit in reply filed by one Dr. B.N. Bastewad, the Deputy Collector of S.R.A. Authority. In Paragraph 3 of the reply, the said officer has stated that there are 72 structures on the said Municipal Land out of which 52 are eligible and all 52 eligible slum dwellers have given their consents to the present Slum Rehabilitation Scheme. In paragraph 10 of the affidavit, it is stated that Secretary/S.R.A., is going to re-verify the eligibility of 60 slum dwellers as directed by the High Power Committee by its order in Application No. 134 of 2011. It is further stated that the S.R.A. will give an opportunity to all 60 slum dwellers to produce necessary documents and after considering the documents submitted by them, SRA will take final decision afresh regarding their eligibility and only eligible slum dwellers will be allotted premises and if it is found that any illegal orders are passed treating somebody eligible who is not eligible, such orders will be cancelled on the basis conclusion of the appropriate 2 enquiry. Considering this aspect and considering the fact that now the matter is pending before S.R.A. in view of the remand by the High Power Committee, we direct the S.R.A. to complete the enquiry at the earliest in any case within a period of two months from today. The S.R.A. is directed to decide the eligibility on the basis of material on record and to see that the persons who are not entitled to benefit under the scheme, should not be given any benefit and action in this behalf has to be taken on conclusion of the said enquiry. If ultimately it is found that somebody has wrongly taken monetary benefits by virtue of illegal allotment, it is for the Authority to recover the said amount from the concerned persons in accordance with the law so that nobody will try to procure benefit in illegal manner. The S.R.A. may accordingly complete the enquiry after hearing concerned persons as per directions given by the High Power Committee and status report be produced before this court after completing the enquiry within the period of ten weeks from today. It is clarified that this court has not expressed any opinion regarding the issue in question. It is for the S.R.A. to consider the eligibility of the eligible persons considering the scheme on the basis of the material on record. It is expected that the S.R.A., will apply its mind and will consider documents in question and pass appropriate orders in 3 accordance with law. Ultimately S.R.A. is required to decide the question of eligibility and also to find out as to how many persons have been illegally given benefits even though they were not eligible under the scheme. The eligibility criteria has to be decided by the S.R.A. It is needless to say that the Authority will take appropriate action in connection with those who have been illegally allotted benefit under the scheme. Petition is disposed of accordingly. The mater is now adjourned to 6th February, 2012 only for the purpose of submitting compliance report. 4. It is clarified that if any Criminal case is pending in connection with the subject matter, the criminal case must proceed expeditiously without delay and without being influenced by any order passed either by this court or by the High Power Committee. It is for the police machinery to find out whether there is any fraud committed or by whom. If ultimately it is found that such fraud has taken place, the State Machinery to take appropriate proceedings for prosecuting erring persons. (MRS. MRIDULA BHATKAR,J.) (P.B. MAJMUDAR,J.) 4