New policy to protect elderly citizens hit by redevelopment projects, state tells HC

State govt unveils policy to aid senior citizens in delayed redevelopment projects, empowering MHADA to cancel developers failing in amenities provision.

The state government has told the Bombay high court that it has unveiled a policy under which the plight of senior citizens caught in the quagmire of delayed redevelopment projects will be alleviated.

New policy to protect elderly citizens hit by redevelopment projects, state tells HC

The policy empowers Maharashtra Housing and Area Development Authority (MHADA) to cancel appointment of the developer if he fails to provide necessary facilities and amenities like alternative accommodation or transit rent, Mohit Jadhav, additional government pleader, told the court on March 7. The order was made available to the public on Friday.

Jadhav was responding to a petition filed by Jayshree Dholi, a 64-year-old resident of Navin Manju co-operative housing society in Mulund (West), and some other residents who found themselves displaced due to prolonged delays in redevelopment efforts.

Dholi, who argued on behalf of the petitioners, drew the court’s attention to the challenges faced by elderly residents of her building who were left homeless for an extended period as Square One Realty, the developer, encountered financial hurdles in starting the project. She also sought the court’s intervention to terminate the agreement with Square One and appoint a new developer.

Echoing the petitioners’ concerns, a bench of justice GS Kulkarni and justice Firdosh Pooniwalla emphasised the need to shield senior citizens from hardships in their twilight years and said delayed or failed redevelopment initiatives should not deprive them of their entitlement to a dignified living environment. The bench then sought a reply from the state government.

On March 7, the state informed the bench that it had issued a circular on March 4, delineating measures aimed at ensuring that senior citizens received adequate shelter and support in line with constitutional provisions and prior court directives.

For efficient oversight of projects catering to senior citizens, Jadhav said, MHADA would set up a project implementation and controlling committee comprising the deputy chief engineer, executive engineer, developer, and two representatives of the elderly citizens. This committee will meet on the first Tuesday of each month and submit the minutes to the relevant chief officer.

In the event of implementation defaults or compromises in quality by the developer, MHADA will issue a show cause notice and if the developer fails to rectify the errors, even upon a written request from the implementation committee or the majority of senior citizens, MHADA can cancel the developer’s appointment, the additional government pleader said quoting the circular.

Additionally, to address senior citizens’ grievances over the redevelopment, an executive engineer will be appointed as the grievance redressal officer at MHADA headquarters in Mumbai and at board levels in other regions. A grievance redress and monitoring system will be established at these levels, Jadhav said and added MHADA will prioritise providing necessary facilities and amenities to senior citizens and formulate guidelines.

The bench, while commending the swift action taken by the state government, directed planning authorities to maintain a register of redevelopment projects involving senior citizens. Owners, societies, and developers should provide information on such projects for monitoring purposes, the court said.

The court further said the state government and relevant authorities must establish a special cell to oversee redevelopment projects, ensuring their timely completion and addressing any disputes between members, developers, or societies that may arise. Proactive measures, including imposing penalties or resorting to mechanisms similar to the ones mentioned in the Maharashtra Slums Act, should be considered to prevent delays, the bench said.

The state government and authorities should provide a postal address, email, and telephone number for senior citizens to register complaints, within four weeks from the date of order, March 7, 2024.

‘Destined to lose everything’

The future of Dholi, a tenant, remains bleak. Alone in her cramped one-room apartment in Mulund, she said she would likely be evicted by month’s end. She owes ₹30,000 in rent, with a relentless monthly demand of ₹14,000 by the landlord. “I am destined to lose everything, even my deposit,” she said.

Her worries deepen as the developer has callously neglected to pay her transit rent since 2018, amounting to nearly ₹9 lakh. She claimed she had explored all avenues, unable to turn to friends or family for assistance.