AI Overview...
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One Family One Alternate Accommodation - The Bombay High Court has addressed the issue of providing alternate accommodation to families or individuals facing eviction or displacement under various schemes and legal provisions. The courts emphasize the importance of suitable and adequate alternate accommodation to ensure the right to residence, especially in cases involving joint families or matrimonial disputes. For instance, the Court has upheld the entitlement of tenants or family members to alternate accommodation, considering proximity, suitability, and the preservation of family harmony Anandi D. Jadhav VS Nirmala Ramchandra Kore - Supreme Court, Madhukar Sadashiv Parkhi VS Satyabhamabai Ganesh Sakrikar & others - Bombay, Avtar Singh VS Jaswinder Kaur - Punjab and Haryana.
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Legal Framework and Scheme Compliance - Under the Bombay Rent Control Act, 1947, and related schemes, acquiring vacant and suitable alternate accommodation is a key criterion for eviction or displacement. The courts have clarified that the alternate accommodation must be suitable, proximate, and capable of housing the family comfortably, with some judgments emphasizing the need for registered agreements for permanent arrangements Anandi D. Jadhav VS Nirmala Ramchandra Kore - Supreme Court, Madhukar Sadashiv Parkhi VS Satyabhamabai Ganesh Sakrikar & others - Bombay.
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Judicial Precedents on Family and Matrimonial Rights - The High Court has recognized that a wife or family members cannot invoke writ jurisdiction solely to enforce matrimonial rights if the circumstances do not warrant it, especially when joint-property and family harmony are involved. The courts have also considered the impact on joint families and the necessity of peaceful coexistence when directing provision of alternate accommodation AISHWARYA ATUL PUSALKAR VS MAHARASHTRA HOUSING & AREA DEVELOPMENT AUTHORITY - Supreme Court, Avtar Singh VS Jaswinder Kaur - Punjab and Haryana.
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Scheme Benefits and Family Planning - Some judgments highlight that beneficiaries under government schemes must meet certain criteria, such as family planning measures, to qualify for alternate accommodation. The courts have also examined whether the scheme's provisions are properly implemented, including the execution of registered agreements for permanent alternate housing PEOPLES UNION FOR CIVIL LIBERTIES VS STATE - Gujarat, Murtuza Shabbir Tinwala VS State of Maharashtra - Bombay.
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Proximity and Suitability of Alternate Accommodation - Courts have consistently stressed that the alternate accommodation provided must be reasonably close to the original residence and suitable for the family’s needs. Inadequate or distant accommodations have been grounds for dismissing eviction or displacement orders Madhukar Sadashiv Parkhi VS Satyabhamabai Ganesh Sakrikar & others - Bombay.
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Conclusion - The overarching principle in Bombay High Court rulings is that families or individuals displaced under schemes or eviction proceedings are entitled to suitable, proximate, and permanent alternate accommodation. The courts balance legal provisions, scheme guidelines, and family rights to ensure that displacement does not lead to undue hardship or disturbance of family life. Proper implementation of schemes, including registered agreements and adherence to suitability criteria, is essential for safeguarding the right to residence in such cases Anandi D. Jadhav VS Nirmala Ramchandra Kore - Supreme Court, Madhukar Sadashiv Parkhi VS Satyabhamabai Ganesh Sakrikar & others - Bombay, Avtar Singh VS Jaswinder Kaur - Punjab and Haryana.
Search Results for "One Family One Alternate Accommodation in Sr Scheme Bombay High Court"
2020 8 Supreme 225 • India - Supreme Court
DEEPAK GUPTA, ANIRUDDHA BOSE
Bombay High Court in the judgment under appeal sustained the plea of the respondents that the right which the writ petitioner (appellant ... , a lady married into that family would not be entitled to invoke writ jurisdiction of High Court to enforce her right to matrimonial ... members on husband’s side, in case it is a joint-property – If she resides in an accommodation as an independent family unit with ... The appeal of her husband (registered as ....
2000 3 Supreme 159 • India - Supreme Court
N.S.HEGDE, S.S.M.QUADRI
Bombay Rents, Hotels and Lodging House Rates Control Act, 1947—Section 13(1)(l) r/w Section 5(11)—Acquisition of alternative accommodation—Eviction ... ... From the scheme of Section 13(1)(l) it is discernible that it is ... The expression ‘acquired vacant possession’, in the context, in our view, means acquisition of vacant possession of a suitable accommodation ... thus have alternate suitable accommodation for their residence. ... and so a suitable alternate #HL_S....
2020 1 Supreme 733 • India - Supreme Court
N.V.RAMANA, VINEET SARAN, V.RAMASUBRAMANIAN
Challenging a common order passed by the High Court of Judicature at Bombay in a batch of twelve writ petitions, granting ... Constitution of India – Article 136 – Bombay Municipal Corporation ... Insofar as those eleven tenants are concerned, the Corporation agreed both before the High Court and before this Court that four of them are entitled to alternate accommodation. ... After so disposing of four out of twelve writ petitions o....
1979 0 Supreme(Bom) 124 • India - Bombay
C.S.DHARMADHIKARI
The court also considered the proximity of the alternate accommodation to the suit premises and the suitability of the alternate ... The trial court and the appellate court upheld the landlords' claim, relying on the allotment of alternate accommodation as a ground ... The court found that the tenant had not shifted his residence with his family and belongings to Bhimanagar and that his wife continued ... In my opi....
1980 0 Supreme(Bom) 69 • India - Bombay
SHARAD MANOHAR
Whether the provisions of section 13(2) of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947 (the Rent Act) barred ... Final Decision: The High Court dismissed the petition filed by the petitioners. ... The High Court held that the petitioners were not entitled to a decree for eviction against the respondent. Issues: 1. ... The Supreme Court found that he had made no attempt in that behalf. In the instant case before us the position is exactly reverse. Here the landlor....
2000 0 Supreme(Guj) 705 • India - Gujarat
B.C.PATEL, D.M.DHARMADHIKARI
under scheme of Corporation. ... If the petitioners are entitled to the benefit of the scheme, the same should be granted. ... to stay at the encroached place permanently or to get an alternative accommodation. ... Therefore, if any citizen wants to avail of any benefit of any scheme offered by the Government, he must have undergone family planning measures. ... On the basis of census carried out in 1976, pavement dwellers were offered alternate developed pitches at Malwani where they ....
2015 0 Supreme(Bom) 1002 • India - Bombay
V.M.KANADE, B.P.COLABAWALLA
accommodation. ... accommodation. ... LOI - Urban Renewal Scheme - DCR 33(9) - Regulation 33(9) of the Development Control Regulations, 1991 - Option II of the Government ... Mr Warunjikar next submitted that the Trust has not executed registered agreements for permanent alternate accommodation in favour of the tenants. ... In the alternative, Mr Warunjikar submitted that Respondent No.6 is required to enter into a registered agreement for permanent alternate accommodation#HL....
1980 0 Supreme(Bom) 41 • India - Bombay
SHARAD MANOHAR
The court also held that the trial court erred in not taking into account the effect of the scheme prepared by the Charity Commissioner ... Whether the trial court erred in not taking into account the effect of the scheme prepared by the Charity Commissioner, which vested ... Finding of the Court: The High Court held that the petitioners were de-facto trustees or were in de-facto management ... In the notice it was specifically stated that the resp....
2015 0 Supreme(P&H) 277 • India - Punjab and Haryana
PARAMJEET SINGH
accommodation for wife so that peaceful life of other family members of joint family is not disturbed--Plea of wife to provide accommodation ... Domestic Violence--Right to Residence--Wife can be directed to have alternate rented accommodation instead of right of residence ... rented accommodation instead of right of residence in household of husband so that peaceful life of other members of joint family ... The Bombay Hig....
2018 0 Supreme(Bom) 2335 • India - Bombay
BHARATI H.DANGRE
Finding of the Court: The Court finds that the husband offered alternate accommodation of similar standard as per court's ... Issues: Inadequacy of maintenance, refusal of alternate accommodation, lack of evidence on earning capacity and needs ... Final Decision: The writ petition is dismissed, and the impugned order passed by the Family Court is upheld. ... of the order passed by the Family Court directing h....
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