BEST SRA LAWYER FOR ABHAY YOJNA
Many Slum Rehabilitation Schemes in Brihanmumbai have remained pending for the last 15 to 20 years due to various reasons and the redevelopment of these huts has not taken place. In such pending Slum Rehabilitation Schemes, a long time has passed after issuance of the final Annexure‑2 of eligible hutment dwellers, and many of the hutment dwellers named in Annexure‑2 have died in the intervening period. Many hutment dwellers have, for their personal reasons, carried out transactions of transfer / purchase‑sale of their huts.
Under the existing provisions relating to Slum Rehabilitation Schemes, once the final Annexure‑2 is issued, there is no provision to include the name of a new hutment dweller in Annexure‑2 when the original hutment dweller transfers or sells the hut. Therefore, various Honourable Members of the Legislature have demanded during the Sessions that the names of such new hutment dwellers be included in the final Annexure‑2.
During the discussion in the Legislature on this subject, in pursuance of the assurances given by the Honourable Minister (Housing), a meeting was held on 10.07.2024 under the chairmanship of the Honourable Deputy Chief Minister (Home). As per the directions given by the Honourable Deputy Chief Minister (Home) in that meeting, the Chief Executive Officer, Slum Rehabilitation Authority, Mumbai, by letter dated 26.07.2024, constituted a Committee under the chairmanship of the Secretary, Slum Rehabilitation Authority, to submit recommendations regarding implementation of the Abhay Scheme. Now, as per the above‑referenced letter (Ref. 1), the recommendations of the said Committee have been submitted to the Government.
Against this background, considering in detail the discussion in the Legislature, the demands made by various Honourable Members / public representatives, the directions given in the meeting held under the chairmanship of the Honourable Deputy Chief Minister (Home), and the recommendations submitted by the Committee under the chairmanship of the Secretary, SRA, Mumbai, the Government has taken the following decision.
Government Decision
- In respect of long‑pending Slum Rehabilitation Schemes in Brihanmumbai, where the final Annexure‑2 was issued prior to 01.01.2011, a one‑time Abhay Scheme is hereby sanctioned for hutment dwellers (other than transfers by inheritance) who have transferred / sold their huts, so that the name of the purchasing hutment dweller can be included in the original Annexure‑2.
- Only those hutment dwellers shall be eligible for the benefit of this Abhay Scheme whose Slum Rehabilitation Scheme’s final Annexure‑2 has been issued prior to 01.01.2011, and where the concerned Slum Rehabilitation Scheme has not yet commenced or is stalled till date.
- After issuance of the final Annexure‑2, the person actually residing in the hut must have been residing in that hut for at least one year prior to the date of application. The competent authority shall carefully verify the actual residence of the applicant hutment dweller in the hut and, for that purpose, shall consider the spot inspection report. While determining the eligibility of the hutment dweller in this manner, it is mandatory that the said hut is in existence at the time of determining eligibility.
- However, in cases where after issuance of the final Annexure‑2, the hut has been demolished / removed either for the rehabilitation construction of the Slum Rehabilitation Scheme or due to a court order, and where the occupant of the demolished hut had been residing in that hut for at least one year prior to the demolition, the present Abhay Scheme shall also apply to such cases.
- The Chief Executive Officer, Slum Rehabilitation Authority, Mumbai, shall notify the list of pending / stalled schemes as mentioned above. Only the hutment dwellers in such notified schemes shall be granted the benefit of this Abhay Scheme, and due care shall be taken in this regard.
- In cases covered under paragraph 3 above, the concerned hutment dweller shall submit an application to the competent authority in the prescribed form (Annexure‑1: Proforma ‘A’ and Self‑Declaration for self‑attestation of documents, attached to this Government Resolution). It shall be mandatory for the hutment dweller to submit proof of all previous transfers of the hut.
- In cases covered under paragraph 4 above, the concerned hutment dweller shall submit an application to the competent authority in the prescribed form (Annexure‑2: Proforma ‘B’ and Self‑Declaration for self‑attestation of documents, attached to this Government Resolution). It shall be mandatory for the hutment dweller to submit proof of all previous transfers of the hut.
- After scrutiny of the applications and documents received from hutment dwellers, the competent authority shall, following the prescribed procedure and within the prescribed time, issue a supplementary Annexure‑2.
- To avail the benefit of this Abhay Scheme, hutment dwellers shall submit their applications, along with necessary documents, to the competent authority within three months from the date of issuance of this Government Resolution. Applications received after this period shall not be considered by the competent authority.
- While determining the eligibility of new hutment dwellers under this Abhay Scheme as mentioned above, it shall be strictly ensured that in no circumstance will there be any increase in the total number of hutment dwellers recorded in the original Annexure‑2.
- As this is a one‑time Abhay Scheme, after preparation of the supplementary Annexure‑2 under this Scheme and after granting eligibility to hutment dwellers named therein, no benefit of alternative rehabilitation tenements shall, under any circumstances, be given to any new hutment dwellers arising from sale / purchase or other forms of transfer (excluding transfers by inheritance) taking place thereafter. The Slum Rehabilitation Authority, Mumbai, shall give wide publicity to this fact, and it shall also be prominently published on the official website of the Slum Rehabilitation Authority.