Here's a breakdown of a recent court decision where some former Mumbai municipal employees were told to leave their staff housing. They had been living there even after retirement, hoping to eventually own the properties.
Background: The Eviction Situation
A group of former employees of the Municipal Corporation of Greater Mumbai (MCGM) were living in staff housing provided to them during their employment. These homes were supposed to be vacated once they retired. However, the retirees and their families stayed, believing they were promised ownership.
The Case: What Happened?
- Who Was Involved? The case included several people, such as Jayashree Rajaram Rasam, who were family members of former employees.
- Against Whom? They filed against the Municipal Corporation of Greater Mumbai.
- Legal Dispute: The petitioners argued that they were promised their living quarters would be turned into homes they could own based on a 1989 decision.
Key Events in Court
- Retirement Notices: Back in 2006-2007, notices were given to leave the homes, but the occupants argued that there was a plan for them to own these homes.
- Court Decisions: In 2017, the court said the petitioners had to leave, but they appealed to the Supreme Court, which agreed with the decision.
- New Notices: In 2021, the corporation sent new eviction notices, and the petitioners appealed again, but the appeals were turned down.
Arguments from Both Sides
- Petitioners’ Argument: They claimed there was an agreement to turn the homes into ones they could own and that retirement benefits were withheld as part of this plan.
- Corporation’s Argument: The corporation argued that the homes were always meant to be temporary and that the petitioners had no right to own them.
Court’s Decision
- No Ownership Rights: The court confirmed that the homes were public property and not meant for permanent ownership by the employees.
- Legal Basis: The court found no legal reason for the petitioners to claim ownership under Section 53-A of the Transfer of Property Act.
Summary of the Verdict
The court decided that the former employees and their families had no right to own the homes and must move out. The corporation can take further action if they don’t comply.
