Bombay High Court
Smt. Vijaya Banan Jadhav vs Municipal Corporation Of Greater ... on 21 March, 2023
Bench: N. J. Jamadar
15-WP1925-2012.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1925 OF 2012
Vijaya Baban Jadhav ...Petitioner
Versus
Municipal Corporation of Greater Mumbai ...Respondent
Mr. Shilpan Gaonkar, a/w Akshay Mohite, i/b Mr. Arvind
Taral, for the Petitioner.
Mr. A. Y. Sakhare, Senior Advocate a/w Dhruti Kapadia and
R. Y. Sirsikar, for the MCGM/Respondent.
CORAM: N. J. JAMADAR, J.
DATED : 21st MARCH, 2023
Oral Order:-
1. Heard the learned Counsel for the parties.
2. The challenge in this petition is to an order dated 21st
January, 2011 passed by the Enquiry Officer in Enquiry No.GS/
45 of 2010 and the order passed by the learned Judge, City Civil
Court, Mumbai, in Misc. Appeal No.74 of 2011.
3. Petitioner No.1 is a widow of Mr. Baban Jadhav, a deceased
employee of Municipal Corporation, the respondent No.1. Baban
retired from service of respondent No.1 in 1994. Late Baban
was allotted a staff quarter i.e. Room No.120, 141 Tenements,
Opp. Geeta Cinema, Worli, Mumbai.
15-WP1925-2012.DOC
4. Petitioner No.2 Santosh is the son of late Baban Jadhav.
Petitioner No.2 also an employee of respondent No.1 and joined
the service in the year 1997.
5. Petitioner No.2 prayed for allotment of the aforesaid staff
quarter, which was allotted to his deceased father. It seems the
said request came to be rejected.
6. In the meanwhile, the proceedings were initiated for
eviction of petitioner No.1 from the staff quarter A notice was
issued to petitioner No.1 to vacate the staff quarter on 25 th May,
2009. Eventually, the Inquiry Officer passed an order on 21st
January, 2011.
7. Being aggrieved petitioner No.1 filed an appeal being Misc.
Appeal No.74 of 2021. By a judgment and order dated 25 th
January, 2012 the appeal came to be dismissed and the order
passed by the Enquiry Officer dated 21st January, 2011 was
affirmed.
8. During the pendency of this petition, a number of orders
have been passed. In one of such orders dated 18 th January,
2023, this Court directed the Municipal Corporation to file a
detailed affidavit as to how the Corporation has dealt with other
unauthorised occupants. Post such affidavit, a further order
came to be passed on 24th January, 2023.
15-WP1925-2012.DOC
9. Having regard to the situation, which obtains as of today,
and the status of petitioner No.2, who is in occupation of
the staff quarter, along with petitioner No.1, an old widow of Late
Baban, the Court suggested to the petitioners as to whether the
petitioners were willing to pay the licence fee and bring back the
amount which has been paid to petitioner No.2 by way of House
Rent Allowance (HRA) and file an undertaking that petitioner
No.2 as well as petitioner No.1 and all the occupants of the staff
quarter would vacate the staff quarter post retirement of
petitioner No.2 on 1st May, 2028.
10. The petitioners have shown willingness to bring back the
HRA amount and pay the licence fee and also vacate the staff
quarter. An affidavit is filed by petitioner No.2 - Santosh.
Paragraphs 1 to 4 of the affidavit read as under:
"1. I am the Petitioner No.2 in the present writ petition. I
am filing the present Affidavit pursuant to the hearing held
on 8.3.2023.
2. Subject to allotment of service quarter being Room
No.120, Building No.141 to me till me being in service with
Respondent No.1, I agree and undertake to pay the total
amount of Rs.12,34,299/- as stated by the Respondent No.1
in the Chart handed over during the hearing on 8.3.2023,
in the manner stated below. The said Chart is annexed and
marked as "Exhibit-A" hereto for reference.
3. I agree and undertake to make the payment in the
following manner:
Sr. Date Installment amount (INR)
No. Within Two Weeks 1,00,000
1. 15.04.2023 37,810
2. 15.05.2023 37,810
15-WP1925-2012.DOC
3. 15.06.2023 37,810
4. 15.07.2023 37,810
5. 15.08.2023 37,810
6. 15.09.2023 37,810
7. 15.10.2023 37,810
8. 15.11.2023 37,810
9. 15.12.2023 37,810
10. 15.01.2024 37,810
11. 15.02.2024 37,810
12. 15.03.2024 37,810
13. 15.04.2024 37,810
14. 15.05.2024 37,810
15. 15.06.2024 37,810
16. 15.07.2024 37,810
17. 15.08.2024 37,810
18. 15.09.2024 37,810
19. 15.10.2024 37,810
20. 15.11.2024 37,810
21. 15.12.2024 37,810
22. 15.01.2025 37,810
23. 15.02.2025 37,810
24. 15.03.2025 37,810
25. 15.04.2025 37,810
26. 15.05.2025 37,810
27. 15.06.2025 37,810
28. 15.07.2025 37,810
29. 15.08.2025 37,810
30. 15.09.2025 37,810
Total 12,34,300
4. I agree and undertake to vacate the said Room No.120
upon completion of my service with Respondent No.1"
11. Mr. Sakhare, the learned Senior Advocate for respondent
No.1, submits that respondent No.1 is agreeable to allow
petitioner No.2 to occupy the staff quarter as an employee of
15-WP1925-2012.DOC
respondent No.1 provided petitioner No.2 and all the adult
members in the family, who are residing with the petitioners, file
an undertaking that they all will vacate the staff quarter within
three months of the scheduled date of superannuation of
petitioner No.2 i.e. 1st May, 2028.
12. Having considered the submissions and the assertions in
the affidavit, the Court considers it expedient to dispose of the
petition by allowing the petitioners to occupy the staff quarter
till the superannuation of petitioner No.2 as petitioner No.2
satisfies the essential criteria of being an employee of
respondent No.1. It will, however, be necessary to put certain
conditions so that the interest of respondent No.1 is also
adequately protected.
13. Hence, the following order:
:ORDER:
(i) Petitioner Nos.1 and 2 are permitted to occupy the
staff quarter till superannuation of petitioner No.2
subject to payment of the licence fee.
(ii) Petitioner Nos.1 and 2 and all the adult members in
the family of petitioner No.2, who are residing in the
staff quarter, shall file an undertaking to vacate the
staff quarter within three months from the date of
superannuation of petitioner No.2 i.e. 1st May, 2028.
15-WP1925-2012.DOC
(iii) Petitioner No.2 shall pay the amount of
Rs.12,34,300/-, as computed by respondent No.1, in
accordance with Schedule in the table, extracted
above.
(iv) From 15th April, 2023, out of the monthly installment
of Rs.37,810/- agreed to be paid, respondent No.1 is
permitted to deduct a sum of Rs.20,000/- from the
monthly salary payable to petitioner No.2 and the
balance amount of Rs.17,810/- per month shall be
deposited by petitioner No.2 with the Municipal
Corporation, respondent No. 1.
(v) Petitioner No.2 shall also file an undertaking in this
Court that he will pay the amount of Rs.17,810/-
every month from the month April, 2023 till
September, 2025.
(vi) Such undertakings be filed within a period of one
week from today and copies of the undertakings be
furnished to the respondents.
(vii) In the event of default in payment of five installments
of Rs.17,810/-, per month, respondent No.1 shall be
entitled to recover the entire amount of Rs.37,810/-
from the salary payable to petitioner No.2.
15-WP1925-2012.DOC
(viii) It is clarified that this order is passed in the peculiar
facts of the case and the personal attributes of
petitioner Nos. 1 and 2.
[N. J. JAMADAR, J.]
