Bombay High Court
Shazia Naik vs Marol Hill View Cooperative Housing ... on 10 October, 2025
Author: R. I. Chagla
Bench: R. I. Chagla
908-WP(L)-17846-2025[1].doc
Ajay Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 17846 OF 2025
Shazia Naik ... Petitioner
V/s.
Marol Hill View Co-operative Housing
Society Ltd. and Ors. ... Respondents
_______________________________________
Mr. Prosper D'Souza, Legal Aid Counsel for Petitioner.
Mr. Jayesh Mestry for Respondent Nos. 1 to 3.
Ms. Jyoti Mhatre a/w Ms. Anuja Tirmali i/b Ms. Komal Punjabi for
Respondent No. 5 - BMC.
Mr. Mihir Desai, Senior Advocate Amicus Curiae a/w Ms. Rishika Agrawal
present.
Ms. Shazia Naik, Petitioner present.
_______________________________________
Digitally signed
by JYOTI
JYOTI PRAKASH
PAWAR
PRAKASH Date:
PAWAR 2025.10.10
16:38:12
CORAM : R.I. CHAGLA AND
+0530
FARHAN P. DUBASH, JJ.
RESERVED ON : 8TH OCTOBER 2025
PRONOUNCED ON : 10TH OCTOBER 2025
ORDER (Per FARHAN P. DUBASH J) :
1. The present Writ Petition has been filed by Ms. Shazia Naik -
Petitioner herein invoking the extra-ordinary writ jurisdiction of this Hon'ble
Court under Article 226 of the Constitution of India.
2. The Petitioner is stated to be a person with a certified locomotor
disability. She is stated to have knee injuries and has difficulty walking,
standing for long and severe difficulty in climbing stairs. The Petitioner
resides on the 5th floor of 'D' Wing in Respondent No. 1 - Society viz. Marol
908-WP(L)-17846-2025[1].doc
Ajay Jadhav
Hill View, Co-operative Housing Society Ltd.
3. In the present Writ Petition, the Petitioner has sought various
reliefs including a Writ of Mandamus directing Respondent No. 1 - Society to
immediately make available, a workable safe and temporary ramp or other
equivalent accessibility solution at its cost. The present Writ Petition also
seeks award of compensation for aggravated physical pain and injuries,
actual and potential medical expenses, delay in earnings and mental agony
caused to the Petitioner by the denial of reasonable accommodation to her.
However, pending the hearing and final disposal, the Petitioner seeks an
interim relief directing Respondent No. 1- Society to stay the repair of the lift
until reasonable accommodation is provided to her.
4. Briefly stated, the reason why the Petitioner has approached this
Court and filed the present Writ Petition is on account of a letter addressed
by Respondent No. 1 - Society to her informing her that it would commence
repair of the lift situated in 'D' wing of the society's building, on 18 th June
2025 which repair work would continue for up to 10-15 days, during which
period, Respondent No. 1 - Society refused the Petitioner's request to provide
her with reasonable alternative accommodation which, she claims an
entitlement to, as a disabled person, under the Rights of Persons with
Disabilities (RPwD) Act, 2016 read with the Rights of Persons with
Disabilities Rules, 2016.
908-WP(L)-17846-2025[1].doc
Ajay Jadhav
5. We are not, at the moment, hearing the present Writ Petition
finally or considering the final relief of compensation that is sought by the
Petitioner therein. By this order, we are merely addressing her request for
interim reliefs.
6. Since the Petitioner was unable to afford any legal
representation, by an earlier order, this Court has permitted her to approach
the High Court Legal Services Committee and secure suitable representation.
Additionally, by our order dated 17 th September 2025, we had appointed Mr.
Mihir Desai, learned Senior Counsel of this Court as Amicus Curie in the
matter to assist us.
7. We have accordingly heard Mr. Desai and also Mr. Prosper
D'Souza, learned Counsel appointed by the Legal Aid to represent the
Petitioner today. We have also heard Mr. Jayesh Mestry, learned Counsel
appearing on behalf of Respondent Nos. 1 to 3. Mr. Desai has also tendered a
compilation of (8 nos) documents interalia containing the RpwD Rules
Harmonised Guidelines and Standards for Universal Accessibility in India,
2021 + Handbook concerning Persons with Disabilities by the Supreme
Court of India and some caselaw that would assist this Court in deciding the
issues raised in the present Writ Petition. However, since we are only
deciding the interim reliefs sought by the Petitioner, we do not think it fit to
consider the said judgments and documents at this stage - The same will be
908-WP(L)-17846-2025[1].doc
Ajay Jadhav
appropriately done at the final hearing of the present Writ Petition.
8. After some arguments, Mr. Mestry, on instructions of his clients,
makes a statement to this Court that lift repairs in 'D' wing would not take
10-15 days as originally envisaged but would be completed within a period
of 7-8 days. Our attention is also invited to the Affidavit-in-Reply dated 7 th
October 2025 filed by Respondent No. 1 - Society. He further states that
these repairs are scheduled to commence on 13 th October 2025 from which
date, the lift in 'D' wing will be non-operational. Mr. Mestry, on instructions
of his clients, makes a further statement that they have favourably
considered the request made by the Petitioner and agreed to offer suitable
accommodation to her during this period, when the lift will be non-
operational. He states that the Petitioner and her aged parents will be
accommodated in Hotel BHARAT AVENUE which is within walking distance
from Respondent No. 1 - Society during this period of 7-8 days by his clients,
free of cost. This statement is accepted by this Court.
9. At this point in time, it was also sought to be contended that in
addition to the said accommodation being provided to the Petitioner, she and
her aged parents should also be provided with daily meals (breakfast, lunch
+ dinner) free of cost by Respondent No. 1 - Society or in the alternative,
some allowance may be given towards such purpose. However, we are not
inclined to accede to this request.
908-WP(L)-17846-2025[1].doc
Ajay Jadhav
10. Considering the above, this Court is satisfied that the Petitioners'
interest will be taken care of and she and her aged parents will be protected
during the time when the lift in 'D' wing will remain shut whilst undergoing
repairs and she will be unable to access her residential flat on the 5 th floor.
11. Accordingly, we pass the following interim order:
:: ORDER ::
A. Respondent No. 1 - Society is permitted to repair the lift
situated in the 'D' wing of its building commencing 13 th October
2025 for a period of 7-8 days. During this period, Respondent
No. 1 - Society shall provide a suitable room in Hotel Bharat
Avenue situated at Baman Daypada lane, near Alpine Ind.
Estate, Military Road, Marol, Andheri (E), 400 059, free of cost
to the Petitioner and her aged parents to occupy and stay in.
B. If for any reason, the repair work to the said lift takes
more than 7-8 days, as envisaged, Respondent No. 1 - Society
shall continue to accommodate the Petitioner and her aged
parents in the said hotel, free of cost, till such repair work is
completed and the lift is made operational.
12. Place the present Writ Petition for final hearing in due course.
( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. )
