HC asks builder to give suitable accommodation to petitioner

The Bombay High Court on Tuesday rapped a developer, who allegedly denied a Dadar-based senior citizen appropriate commercial alternative accommodation as part of a slum rehabilitation project.

Directing R K Madhani and Company to hand over appropriate accommodation, the court said it may stay the sale of the project if they don't pay heed.

Petitioner Sheela Ambre used to run an auto garage named Lucky Auto Works Garage in a slum area in Dadar.

Taking note of her stand that the developer had not given the necessary accommodation even after a Supreme Court order of 2005, a Division Bench of Justices D Y Chandrachud and A A Sayed said, "Say sorry to her and give her (Ambre) the keys; the premises must be commercial that can be used for running a garage."

The petition, filed through lawyers Sanjiv Sawant and Sachin Kadam, claimed that although the developer offered her alternative accommodation, it was a residential premises that could not have been used for running a garage.

While saying that they may stay the sales of the project on account of this irregularity, the judges said, "We know how to deal with such cases. Sometimes, rather than sending builders to jail, a better way is to pinch their pockets and hit where it hurts."

The dispute pertains to one Shanti Nagar Co-operative Housing Society, which consists of 40 residential units for slumdwellers and eight for commercial premises — one of which belongs to the petitioner.

The judges asked the developer to hand over the premises by August 28.

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