Re-development of society building – Right of Senior Citizens to shelter – Petitioner senior citizen is roofless for last 4 years at an old age and cannot be left to suffer on any delayed or impossible re-development.

The petitioner – senior citizen and member of the cooperative housing society – had appeared in person and argued the matter.

The petitioner had vacated her flat in 2019 for re-development undertaken by the Society through respondent no.3.  The petitioner is roofless for last four years at an old age.

According to the petitioner, the proprietor of respondent no.3 is not able to undertake the project as there are several proceedings and large recoveries against him.

HELD that the High Court is not powerless to issue appropriate writ under Article 226 of the Constitution of India so that the fundamental rights guaranteed to the senior citizens in respect of their entitlement of a shelter in their twilight years cannot be taken away under the garb of a failed or delayed redevelopment making them to irreparably suffer.   They need to be protected.   The High Court issued the notice of the petitioner on Respondent nos.2 and 3.

Order dated 25.1.2024 in Writ Petition (L) No.2586 of 2024 (Original Side) of Mrs. Jayashree Dilip Dholi Vs. The Deputy Registrar of Cooperative Housing Societies & others