His family had moved HC complaining against the accommodation being given to them in lieu of their bungalow.
The Bombay high court on Wednesday stayed the demolition notice issued by the Mumbai Metropolitan Regional Development Authority (MMRDA) to family members of freedom fighter Nardrishaw Kharbhari, directing them to vacate their bungalow so that it could be demolished and land be used for constructing a road over bridge at Jogeshwari.
A division bench of justice DK Deshmukh and justice RG Ketkar stayed the notice and directed the MMRDA and state government to file their replies to the petition by July 18.
Behram Kharbhari, Nardrishaw’s son had moved the court alleging that the alternate accommodation offered to him in return for his 1,200 square feet bungalow is at a society in Goregaon (East) where the tenants of their two chawls were offered accommodation.
The accommodation consists of three rooms ad-measuring 700 square feet, with toilets outside the house.
“It is unfair to give such accommodation. Moreover, my tenants are getting their accommodation free of cost, while I’m being told to pay for it,” said Kharbhari
“There is no distinction between me and my tenants. The agency has much better accommodations available and we should be put up there,” he added.
Appearing for MMRDA, advocate Preeti Purandhare argued, “He also comes under the category of project affected persons and accordingly, accommodation is given.”
“A major block has to be given to the petitioner and not separate rooms. If he is saying that there are better accommodations available, then why not consider him for it?” asked the bench.
It added that on the next date of hearing, the agency should inform whether such an accommodation is available and if it can be provided to the petitioner.
The petition will come up for hearing on Monday.
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