MUMBAI: Bombay high court on Wednesday directed Mumbai mayor Kishori Pednekar, Slum Rehabilitation Authority (SRA), BrihanMumbai Municipal Corporation (BMC) and the state to file their replies within two weeks on a public interest litigation filed by BJP leader Kirit Somaiya seeking “immediate steps” against the mayor for alleged violation of SRA Act. The PIL has sought orders to restrain Pednekar from continuing as Mumbai mayor.
The PIL alleged “illegal possession’’ of residential tenements in Worli SRA project for “commercial use’’ as a councillor when registering a company she floated in 2012. She was the corporator from Worli from 2002 to 2007 and again during 2012-2017.
The company is currently managed by her son. Somaiya’s counsel Sheetal Kumar made brief submissions before a bench of Chief Justice Dipankar Datta and Girish Kulkarni on Wednesday that the issue was in violation of section 3( e) of the SRA Act which bars allottees from transferring their permanent units for ten years.
The PIL said the company in which Pednekar’s son is a director in 2017 entered into a leave and license agreement with an original allottee of the SRA scheme at Ganpatrao Kadam Marg, Lower Parel, Delisle Road, Mumbai.
The Mayor’s advocate Dharam Sharma later said there is no substance in any of the allegations made. “All accusations are politically motivated. We will file our reply. Section 3 (e ) refers to sale, not leave and license.’’
The PIL alleging “inaction’’ by BMC, state, SRA, Ministry of Corporate Affairs has sought formation of a special investigation team (SIT) to inquire into its allegation against the Mayor and eight companies, as well as criminal action. It also sought orders from HC to appoint a court receiver for rooms 1 to eight and few other units in a SRA society in Lower Parel.
Senior counsel Prasad Dhakephalkar appearing for BMC sought time.
The Registrar of Companies (ROC), Ministry of Corporate Affairs, in its reply filed on February 22 said the company Kish Corporate Service Pvt Lts was incorporated in 2012 with its registered office at the SRA society Lower Parel Address and later filed a change of address to ‘Mariamma Nagar hutments, Dr Annie Besant Road, Worli’ from September 2014 but filed another change of registered address form to make it back to the Lower Parel address from July 2017. The ROC gave details of addresses of the other companies named in the PIL and said it has issued notices to these companies for their comments on the complaint filed by Somaiya. So far Kish has replied and the ROC has it to Somaiya for his comment.
Source: https://timesofindia.indiatimes.com/city/mumbai/bombay-hc-seeks-replies-from-mayor-bmc-sra-on-pil-by-kirit-somaiya/articleshow/81195758.cms