The Bombay High Court has asserted the protection of fundamental rights for senior citizens facing housing redevelopment delays. The court's comments were made during a plea filed by a 65-year-old woman, Jayashree Dholi, who claimed to be "homeless" due to a stalled redevelopment project in Mulund. The court emphasised that seniors in their "twilight years" should not suffer due to redevelopment delays and issued notices to authorities, including the Maharashtra Government and Brihanmumbai Municipal Corporation, seeking responses to address the petitioner's fundamental rights violation.
The Bombay High Court has delivered a significant statement emphasising the protection of the fundamental rights of senior citizens amid the delayed or stalled redevelopment of residential buildings. The court's observations came during the hearing of a plea filed by a 65-year-old woman, Jayashree Dholi, who expressed being rendered "homeless" due to the prolonged redevelopment process of her building in suburban Mulund.
In its order on January 25, the bench of Justices G S Kulkarni and Firdosh Pooniwalla underscored that senior citizens in their "twilight years" should not suffer due to redevelopment delays. The court indicated that it would not be powerless to issue appropriate directions to ensure that fundamental rights, especially the entitlement to shelter, are not compromised under the pretext of failed or delayed redevelopment, causing irreparable harm to senior citizens.
Dholi had vacated her flat in 2019 with the expectation of redevelopment, and M/s Square One Realty was assigned to construct the new building. However, due to financial difficulties, the builder was unable to commence work, leaving Dholi in a state of uncertainty regarding the completion of construction and the possession of her new flat.
The bench sent notifications to the Maharashtra Government, the Brihanmumbai Municipal Corporation (BMC), and other pertinent authorities after realising the seriousness of the matter. The petitioner's plea was addressed by the court, which called attention to the violation of her basic rights, especially her right to shelter in her senior year of life. The lawsuit has been postponed until February in order to continue.
This legal intervention by the Bombay High Court reflects a broader concern for the well-being and rights of senior citizens facing challenges arising from redevelopment issues. It brings attention to the need for ensuring timely and efficient completion of redevelopment projects to safeguard the rights and dignified living conditions of elderly individuals who have contributed significantly to society. The court's proactive stance reinforces the importance of addressing social and legal issues that impact vulnerable segments of the population, particularly in the context of housing and redevelopment projects.
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