"From the record it appears that on July 7, 2011, the SRA had sought general directions of the state government in the Housing Department with regard to the procedure to be followed for grant of permission for transfer of tenements under Section 3E of the Act, Justices D Y Chandrachud and A A Sayeed noted in a recent order.
Section 3E stipulates that tenements allotted to persons under the Slum Rehabilitation Scheme shall not be transferred by the allottee for a period of 10 years from the date of allotment. After ten years, the allottee may, with the permission of SRA, transfer the tenement in accordance with the prescribed procedure, the judges noted.
"We leave it open to the SRA to determine the modalities, if necessary, after consultation with the state government in order to ensure that occupants are not required to file petitions before this court for permission to transfer after the completion of ten years merely on the ground of inaction of the authorities concerned," the bench said while hearing a petition.
The competent authority is duty bound to take a decision one way or the other and in accordance with law upon an application being filed and we hence dispose of the petition, the judges said.
The court directed that the application submitted by the petitioner (for transfer of tenement under the Act) shall be disposed of within two months of the production of a copy of this order. (MORE)