Bombay High Court Refuses To Lift Stay On Allotment Of 25,000 PM Awas Yojana Houses, Questions Eligibility Of Affluent Applicants

The Bombay High Court on Monday (July 27) refused to lift the stay it had imposed on the allotment of nearly 25,000 flats constructed by CIDCO in Navi Mumbai under the Prime Minister Awas Yojana (Urban) (PMAYU-2.0) scheme, which were meant for the Lower Income Group (LIG).

For context, in March this year, the High Court had stayed the allotment after expressing that it was 'shocked' to note that CIDCO had permitted even people earning more than Rs 6 lakh annually to apply for the LIG flats. It had termed the decision nothing but a 'mockery of the poor' by making a 'bicycle owner compete with a Mercedes owner'. 

On Monday, when the matter was called out for hearing before a division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, the CIDCO through Maharashtra's Advocate General Dr Milind Sathe clarified that of the 25,000 houses, not all of them were for LIG Groups.

The AG clarified that of these 25,000 flats only 15,000 were for the Economically Weaker Section (EWS) and that the rest of the 10,000 houses were meant for anybody not in the EWS category.

To this, ACJ Ghuge questioned, "We both (Judges) can also apply?" and the AG responded in the affirmative "Yes."

"But these are houses under the Pradhan Mantri Awas Yojana, right?" ACJ Ghuge asked to which again the AG responded with a 'yes.'

Reacting to this response, ACJ remarked, "Houses under the PMAY for super rich people? Seriously?"

The AG pointed out that the prices were known to all the persons who had filled in their forms and that there were at least five options (indicating the rate charts of the flats and also the size of the flats). The AG argued that no person can claim that they were suddenly told about the prices of the flats as a surprise. 

To this, ACJ Ghuge sought to know why the CIDCO was not willing to 'auction' the flats instead of giving them up in lottery as there was no cap on the earning capacity of the probable purchasers. The AG, however, responded that houses under the PMAY cannot be auctioned as is done in other cases. 

"Then what does the PMAY scheme say?" ACJ Ghuge questioned, to which AG responded that it provides for selling flats at fixed rates.

"Then to whom? To rich people or to poor people? Nowhere we have seen such a scheme except in Navi Mumbai... Do you want us to test if this scheme applies to Navi Mumbai? It shocks our conscience... CIDCO builds houses under PM Awas Yojana which are meant for people not having any shed on their head...as per CIDCO anyone who doesn't have a pucca house in Navi Mumbai and has income over Rs 6 lakh per year can apply which means that even Judges, the AG and anybody can apply," ACJ Ghuge remarked. 

Meanwhile, the bench directed petitioner's advocate Abhinav Chandrachud to submit his written submissions in the instant matter before the next date of hearing. 

When the AG urged the bench to allow proceeding with the allotments, ACJ Ghuge orally said, "We will now hear the final arguments and decide the matter finally. Till then the stay continues."

Case Title:  Abheeshek Shashikant Israji v/s State of Maharashtra