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This is an archive article published on April 19, 2009

Disabled teacher moves court for civic amenities

Constant load-shedding and irregular functioning of amenities in a CIDCO-constructed building has forced a permanently disabled woman to move the Bombay High Court after failing to get any relief from the authorities concerned.

Constant load-shedding and irregular functioning of amenities in a CIDCO-constructed building has forced a permanently disabled woman to move the Bombay High Court after failing to get any relief from the authorities concerned.

For Vijaya Kalan,whose one half of the body is paralysed due to a permanent disability known as Hemiplegia,life is a struggle to get to her seventh floor apartment,as the elevators do not function most of the times due to shortage and irregular supply of electricity in the area. Kalan,who teaches at a BMC-run school,also suffers from cardiac problems,due to which she is facing tremendous difficulties while climbing and alighting the staircase.

Kalan had purchased the flat in July 2004,after requesting CIDCO to consider allotting a flat to her on sympathetic grounds. As she was in need of immediate residential premises,she bought the last vacant flat measuring 700 square feet on the seventh floor of Parijat Co-operative Housing Society in Kharghar,Navi Mumbai. Kalan,along with her husband,had pointed out these difficulties to the society members in April 2005,when it was decided that the generator would be replenished with diesel and operated at the earliest. “However,that still remains to be done,” petition states. Kalan then approached the Managing Director of CIDCO to sort the issue.

She received a reply from the Executive Engineer (Electric) stating that there was sufficient diesel in the generator and instructed the society to keep the generator in the auto mode.  Subsequently,the July 26 deluge added to her woes as the elevator remained shut for 15 days. She again raised the issue with the society members during their general body meeting,but in vain.

She later received a letter from the chairman of the society stating that CIDCO has provided the amenities but the society could not afford to maintain the generator. Kalam also alleges that she and her husband were mistreated in the society’s office,following which she lodged a complaint with the Kalamboli police.

As things were getting impossible,she requested CIDCO to allot her a flat on the ground floor in any of the buildings in the complex. CIDCO,however,replied that she cannot be allotted a ground floor flat. “Through RTI we also learned that since 1995,CIDCO has not allotted any flats under the handicapped category,” said her husband. She then moved the Lok Ayukta and India Centre for Human Rights,where notices were issued and replies were filed by the various authorities.

After having failed in her consistent efforts and attempts to persuade the authorities to take adequate steps,she wrote a letter to the Chief Minister apprising him about the problem and the apathy faced by her. She requested for allotment of a flat of an equivalent area in the same complex for which she was willing to pay.

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According to the petition,during these times she had suffered a stroke and also fractured her arm once due to absence of railings on the staircase.

She has now urged the court to direct CIDCO to allot her the flat and also for action against the parties for unjust treatment meted out to her. “The court has issued notices to all the respondents and the case will come up for hearing in due course,” said lawyer Jamshed Mistry.

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