Mumbai | The Bombay High Court has said senior citizens need to be protected and cannot be made to irreparably suffer due to failed or delayed redevelopment of their residential society.
A division bench of Justices G S Kulkarni and Firdosh Pooniwalla, in its order of January 25, said the fundamental rights of senior citizens "in respect of their entitlement to a shelter in their twilight years" cannot be taken way.
The court was hearing a petition filed by 65-year-old Jayashree Dholi who claimed her building is under redevelopment since 2019 when she vacated her flat.
In her plea, Dholi said one M/s Square One Realty was appointed to redevelop the society but it was unable to start the project due to financial troubles.
She claimed she had been rendered homeless at an old age with no clarity on when her building would be redeveloped and when she would be handed over her flat.
The woman sought the intervention of the court as her fundamental rights were being violated.
The bench, in its order, said it prima facie finds substance in the petitioner's argument that senior citizens cannot be left to suffer at the last stage of their life due to delayed or impossible redevelopment.
"The court would not be powerless to issue appropriate directions to ensure the fundamental rights guaranteed to senior citizens in respect of their entitlement of a shelter in their twilight years are not taken away under the garb of a failed or delayed redevelopment making them to irreparably suffer," the HC said.
They need to be protected, the HC said.
The court issued notices to the Maharashtra government, the Brihanmumbai Municipal Corporation (BMC) and others and said it would hear the plea in February
