“Demand of accommodation is not Every employee’s matter of right”: Bombay HC
The regulations "demonstrate that every employee cannot demand accommodation as a matter of right," according to Justice R. N. Laddha.
“Demand for accommodation is not every employee’s right.” the Bombay HC bench of Justice R. N. Laddha.
The Air India Staff Colony Association filed an appeal contesting the demolition of abandoned structures at the Mumbai colony, but the Bombay High Court denied it. The court decided that, as employees are only licensees under the Housing Allotment Rules, they have no legal authority to request accommodations.
The regulations “demonstrate that every employee cannot demand accommodation as a matter of right,” according to Justice R. N. Laddha. He underlined that there are no long-term rights granted by the flats, which are offered on a leave-and-license basis.
This ruling follows the association’s appeal of a lower court order that refused to provide them relief with regard to the demolition. They claimed that the government’s withdrawal of its investment in Air India was the reason behind the eviction notices, but the court rejected their argument.
The Division Bench and the Supreme Bench had previously issued orders directing Air India personnel to leave their housing or risk eviction, the bench further stated. Although the Supreme Court recognized that the colony flats were only intended to be temporary housing, it did grant protection against penal rent and damages.
The court also accepted MIAL’s plans to demolish only vacant buildings in order to prioritize safety and have as little impact as possible on the now-residing inhabitants.
We will keep providing essential services, and we won’t destroy inhabited structures—including schools—without following the proper procedures.
The Bombay High Court’s decision upholds the idea that employee housing is a welfare function rather than a right and gives MIAL permission to move on with demolishing the empty structures at the Air India Staff Colony.
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