10. wp 9426-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9426 OF 2010 M/s. Mighty Engineers & Developers & Ors .. Petitioners Vs High Power Committee & Ors .. Respondents Mr. V.R. Tripathi i/b M/s. V.R. Tripathi & Asso. for the Petitioners Mr. J.G. Reddy for Respondent No. 2 Mrs. M.P. Thakur, AGP for Respondent Nos. 1, 3 and 4 CORAM : D. D. SINHA & SMT. V.K. TAHILRAMANI, JJ DATE : 13th OCTOBER, 2011. P.C.: 1. Heard the learned counsel for the respective parties. 2. In the instant case, it is not in dispute that the only document which was submitted by the petitioners to the Slum Rehabilitation Authority (in short 'SRA') in order to show the proof of residence prior to year 1995 is a passbook of Yeashwantrao Chavan Samata Co-operative Credit Society and therefore, the High Power Committee has held that it is not sufficient proof to get the benefit under SRA Scheme as per the provisions of DCR-33(10) read with Appendix-IV and 1 10. wp 9426-10.doc Government Resolution, Housing and Special Assistance Department dated 14th May 1998. 3. The learned counsel for the petitioners has relied on the internal correspondence between the officers of the department in order to demonstrate that the passbook of Yashwantrao Chavan Samata Co-op Credit Society can be treated to be a proper legal proof to fulfill the requirement under the provisions of the said Act. 4. The document at Annexure 'I' of the petition is the letter written by the Deputy Collector (Enc/Env) and Competent Authority, Dharavi Division, Mumbai City to Principal Secretary, Housing and Special Assistance Department, Mantralaya, Mumbai. Perusal of the said document would show that there was discussion with the Chief Executive Officer, SRA taken place on 23rd October 2008 where the issue regarding proof of passbook of Credit Society can be treated to be a legal proof was considered and it was concluded that this document cannot be treated to be a legal proof as per Housing Department order No. SI-1220/CR 204(1)/SI-1 dated 8th November, 2001 and therefore, the Chief Executive Officer, S.R.A. stayed the claim of the four petitioners for grant of alternate accommodation under the SRA scheme based on the passbook issued by Yashwantrao Chavan Samata Co-op Credit 2 10. wp 9426-10.doc Society. 5. The learned counsel for the petitioners, on the basis of some internal correspondence between the officers of the department, has submitted that the passbook of the Co- operative Society can be treated to be a legal proof under the said Act and therefore, the impugned order passed by the High Power Committee cannot be sustained in law. 6. The learned AGP, on the other hand, has supported the order passed by the High Power Committee and submitted that the passbook of the Credit Society cannot be treated to be a legal proof for considering eligibility for grant of alternate accommodation under the SRA scheme. A person claiming benefit under SRA Scheme has required to submit documents such as electoral roll, driving licence, electricity bill, telephone bill, death and birth certificate, school leaving certificate, passport, bank passbook, domicile certificate, election card, photo pass ( All these documents must be prior to 1st January, 1995 ). The learned AGP, therefore, contended that the passbook of the Credit Society is not included in the eligibility criteria to consider the claim of the petitioners for grant of alternate accommodation under the SRA scheme and the same is also not mentioned in Government Order dated 8th November, 2001. It is therefore, submitted that the High Power 3 10. wp 9426-10.doc Committee was justified in dismissing the claim of the petitioners. 7. Considered the contentions canvassed by the respective counsel. In the instant case, it is not in dispute that all the four petitioners submitted passbooks of Yashwantrao Chavan Samata Co-op Credit Society as a legal proof to fulfill the requirement under the SRA Scheme for grant of alternate accommodation. The correspondence which is relied on by the petitioners is purely internal correspondence between the officers of the department which carries no legal force. The learned AGP has pointed out to this Court the eligibility criteria as referred herein above. The petitioners have not submitted any of the documents in order to establish their claim under SRA Scheme. In these circumstances, we have no hesitation to hold at this stage that the passbook of Yashwantrao Chavan Samata Co-op. Credit Society submitted by the petitioners cannot be treated to be a legal proof to grant benefit under the SRA scheme to the petitioners and therefore, the order passed by the High Power Committee, in our opinion, is just and needs no interference. Writ petition is dismissed. [ SMT. V.K. TAHILRAMANI, J ] [ D. D. SINHA, J ] 4 10. wp 9426-10.doc 5