Bombay HC Terms BDD Chawl Eviction Of 80-Year-Old Widow 'Shocking', Flags Fraud In Tenancy Regularisation

Mumbai, Jan 21: Terming the case a “shocking” example of how an elderly widow had been deprived of her rights for decades, the Bombay High Court on Tuesday held that there was not a single valid document to show that a trespasser was lawfully conferred tenancy rights in a BDD Chawl tenement.

Widow’s long legal battle

A Bench of Justices Girish Kulkarni and Aarti Sath was hearing a petition filed by Laxmi Nivruti Kamble (80), who had been “knocking the doors of authorities and courts for more than 25 years” challenging her eviction. The court noted that her eviction appeared to be a sham.

“There is no valid document whatsoever which shows that a trespasser or encroacher in the BDD Chawl tenement could have been legitimately conferred tenancy,” the Bench said, questioning the basis on which the authorities recognised the tenancy of the father of respondent No. 5, Prashant Namdeo Shinde.

Court questions basis of tenancy

During the hearing, the court asked Shinde to produce documents to show that Kamble’s deceased husband had surrendered or given up his tenancy rights. Shinde’s advocate submitted that records were unavailable as the case dated back to 1975.

Rejecting the submission, the court remarked, “Show us whether you have any legitimate right. For 25 years, this lady has been knocking at the doors of courts. Courts are meant first for marginalised people.”

‘This is a fraud’

The Bench noted that Namdeo was himself a trespasser occupying the premises under a gratuitous arrangement with the petitioner’s deceased husband, Nivruti. “Most shockingly, we are informed that his (Namdeo’s) tenancy was regularised,” the court observed.

The judges also expressed concern over the conduct of government officials. “Look at the way PWD officers have behaved. He was a government servant in the police department. Not a single document shows that the petitioner’s husband’s tenancy was extinguished or voluntarily surrendered in a manner known to law. This is a fraud,” the court said.

Court receiver appointed

As the redeveloped building is ready and permanent alternate accommodation is likely to be allotted, the High Court appointed the Court Receiver to take formal possession of the tenement.

The court directed that when the permanent alternate flat is allotted, the keys shall be handed over to the Court Receiver.

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An amicus curiae was appointed to assist the court. The matter has been listed for further hearing after two weeks.

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