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Bombay HC orders dedicated cell for senior citizen complaints on redevelopment delays

PNT Reporter | Last Updated : 25th Mar, 2024
Synopsis

The State Government of Maharashtra has introduced a policy initiative to address delays in building redevelopment, especially concerning senior citizens, presenting it to the Bombay High Court. The government's circular, discussed during a session led by Justices Girish Kulkarni and Firdosh Pooniwalla, outlines measures to address delays impacting senior citizens, stressing adherence to statutory directives. The court, in its subsequent order, emphasized the need for proactive measures to prevent such delays, expressing satisfaction with the government's actions to protect seniors' housing rights. Stemming from a petition by Jayashree Dholi, the court mandated the maintenance of a registry for such projects and proposed a specialized oversight cell. It urged for swift resolution of disputes and highlighted the importance of addressing senior citizens' complaints promptly.

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In a recent development, the State Government of Maharashtra has presented a policy initiative aimed at tackling delays in the redevelopment of buildings, particularly those affecting senior citizens, to the Bombay High Court.

During a session presided over by Justices Girish Kulkarni and Firdosh Pooniwalla, the state housing department's circular dated March 4 was brought to the bench's attention. The circular delineates a series of measures to be implemented in instances where senior citizens are impacted by redevelopment delays. It emphasizes strict adherence to directives by various statutory bodies.

In its subsequent order on March 7, the High Court underscored the necessity for more proactive measures to prevent redevelopment delays, ensuring that senior citizens do not endure undue hardship. The court expressed satisfaction with the government's initiatives in addressing highlighted issues, particularly those concerning the fundamental rights of senior citizens to shelter and security in their later years.

The court's deliberations stemmed from a petition lodged by Jayashree Dholi, a 64-year-old resident of Mulund, who vacated her flat in the Navin Manu CHS building in 2019 for redevelopment. Allegedly, the redevelopment has seen no progress since it was undertaken by Square One Realty in 2016.

As part of its directives, the High Court mandated planning authorities to maintain a registry of redevelopment projects involving senior citizens and proposed the establishment of a specialized cell to oversee such projects. Furthermore, the court urged the government to ensure that disputes between stakeholders and developers do not impede the interests of senior citizens nor hinder redevelopment progress.

The judges advocated for stringent penalties and the removal of developers who fail to comply, highlighting the plight of senior citizens affected by prolonged redevelopment delays. They stressed the importance of sensitivity and expediency in addressing such issues, directing authorities to promptly address complaints from senior citizens regarding redevelopment delays through dedicated channels.

Regarding the Navin Manu CHS redevelopment, the court acknowledged internal disputes but indicated that the project would fall under the purview of the state's March 4 circular. The developer assured the court of its capability to complete the project, prompting the judges to urge conflicting parties to expedite resolution and not further delay redevelopment efforts.

In concluding the proceedings, the High Court commended Dholi's advocacy efforts, acknowledging their potential to benefit numerous senior citizens awaiting redevelopment projects.

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