In response to strong criticism from the Bombay High Court, the Maharashtra government on Monday issued a government circular directing the strict enforcement of the state’s Comprehensive Senior Citizens Policy, 2013, specifically within housing and slum redevelopment projects. The move is aimed at ensuring that elderly residents are not left without shelter due to prolonged delays in redevelopment work.
The decision, taken by the Maharashtra Housing Department, stems directly from observations made by the Bombay High Court, which had expressed serious concern over senior citizens being deprived of homes when redevelopment projects remain stalled for years. The court had reprimanded the state for failing to protect vulnerable elderly residents caught in long-pending construction processes.
Under the new circular, the Slum Rehabilitation Authority (SRA) has been instructed to ensure that redevelopment projects are completed strictly within prescribed timelines. To monitor progress and accountability, each project must now have a dedicated project implementation and monitoring committee. This committee will include officials from the SRA, representatives of the developer, and two senior citizen representatives, and it is mandated to meet on the first Tuesday of every month.
To further safeguard the interests of elderly residents, the SRA has been empowered to issue up to three monthly show-cause notices to developers who fail to adhere to timelines, quality benchmarks, or contractual obligations. If developers continue to default despite these notices, the SRA’s Chief Executive Officer is authorised to terminate the developer’s appointment, provided there is a written request from the monitoring committee or a majority of the affected senior citizens.
The circular also directs the establishment of a dedicated special cell along with an online grievance redressal and monitoring system. This mechanism is intended to give priority to complaints raised by senior citizens and to ensure that their issues related to delayed redevelopment projects are addressed in a timely and structured manner.
In addition to administrative measures, the government has mandated that redevelopment projects must include facilities specifically designed for elderly residents. These include age-friendly amenities and full accessibility for disabled senior citizens, in line with the provisions of the Rights of Persons with Disabilities Act, 2016.
The policy push follows a December 8 order by a bench comprising Justices GS Kulkarni and Aarti Sathe, who intervened in the case of a senior citizen affected by delayed redevelopment in Maharashtra. During the hearing, the bench issued a stern directive to the Additional Chief Secretary of the Housing Department, instructing the state to “rigorously implement” its own policies and safeguards meant to protect senior citizens.
The court was hearing a petition filed by Mumbai resident Mehmooda Ali Husain Hashmi against the Slum Rehabilitation Authority and a private developer. Represented by advocates Altaf Khan, Akash Mangalgi, and Ilaf Shaikh, the petitioner highlighted that she and other senior citizens had been waiting for their promised homes for over 12 years and had not received rental compensation for transit accommodation during this period.
During arguments, advocate Altaf Khan urged the court to direct the SRA to compel developers to immediately deposit substantial amounts to resolve the grievances of affected residents. He pointed out that the state had failed to properly enforce existing safeguards, including a Government Resolution dated March 4, 2024, which was specifically framed to protect senior citizens facing delays in redevelopment projects.
After hearing the matter, the bench directed the Additional Chief Secretary to constitute a special cell, if one was not already in place, to address complaints from senior citizens affected by stalled redevelopment. The court further observed that the government should clearly notify a postal address, an email ID, and a telephone number so that elderly citizens can easily register their grievances.
The Bombay High Court has asked the state government to submit a compliance report detailing the steps taken to implement these directions. A follow-up hearing has been scheduled for December 23 to ensure that the measures ordered by the court are effectively enforced and that senior citizens are no longer left vulnerable due to redevelopment delays.
