Give more area to Khar resident if she is moved to farther suburbs: HC to BMCUpdated: Aug 02, 2020 20:12 IST
The Bombay high court (HC) last week directed the Brihanmumbai Municipal Corporation (BMC) to reach a settlement with a senior citizen living in a structure constructed on a plot of land at Khar (West) which was leased by the civic body to her father in 1949.
The court directed the civic body to consider giving her additional area if she agreed to move to an area farther in the suburbs.
The court made the suggestion while hearing a petition filed by 67-year-old Bridget Pereira, seeking directions to the civic body to repair her residence which was damaged after a wall built by BMC collapsed and damaged her house.
BMC, however, submitted that as the senior citizen would have to be provided with alternative accommodation at some point of time, rather than bearing the cost of repairing the current structure, which was built in 1949, it was offering her alternative accommodation in Santacruz, Versova, Malad, Kandivli, or Dahisar.
A division bench of justice KK Tated and justice RI Chagla, while hearing the petition filed through advocate Bhavesh Parmar, was informed that the petitioner was living alone with her dog in the premise admeasuring 667 square feet (sqft), which was earlier in the name of her demised father.
Parmar submitted that BMC had increased the height of the compound wall which collapsed on July 17, and damaged the structure in which Pereira lived. As BMC did not respond to her request to either repair her structure or allow her to repair the same, she approached the court.
The court observed that as per BMC rules, the senior citizen should get an area equal to her existing structure if she was being offered an alternative place in the vicinity of Khar. However, if she had to go beyond Versova or farther, she should be offered more area.
The counsel for BMC submitted that they had offered a 269sqft area in Santacruz as they did not have any accommodation in Khar, and added that the petitioner could choose other alternative accommodation in Versova or farther in the suburbs.
After hearing the submissions, the court sought to know why BMC was only offering 269sqft area in return for the 677sqft that the senior citizen would have to vacate.
“The petitioner should get alternate accommodation in Khar or Santacruz. If that is not possible, it should consider giving her 750sqft area if she decides to move to Versova or beyond,” the court said. The court then directed the BMC to arrive at a settlement by August 18.