In a relief to a war widow,the Bombay High Court has admitted her petition challenging Maharashtra Housing & Area Development Authoritys (MHADA) decision not to allot a tenement she had sought under special category. Her husband had died in combat in Sri lanka Thirty-nine-year old Kamalabai Lahane had applied for a tenement under the category of Dependents of Defence Persons died in war after her husband died during a military operation. She contended that she had applied for the tenement following an advertisement in January 2006 along with earnest money amounting to Rs 20,000. But her tenement was not considered due to alleged mismanagement of the housing board,the petition alleged. Prior to this petition,she had moved the court and Maharashtra Housing & Area Development Authority counsel G W Mattos had submitted that the petitioner did not have any cause of action against the board as she had encashed the earnest money. The board was then directed to consider her petition,however,in due course she was informed that she could not be allotted a tenement and that she could apply the following year. In 2008,she moved a contempt petition,which was disposed of after the MHADA said that her application would be considered within four weeks. The court too had observed that the board while taking a decision should consider that the petitioner was a war widow. As there was no response again,Lahane moved one more contempt petition,after which a notice was issued to the board. The chief officer of the board passed an order dated March 16,2009,intimating that her application could not be considered. She has now challenged this order which has been admitted by the court. Reservation of tenements has to be maintained by MHADA as specified under Disposal of Land Rules,1981. Mattos explained that under the rules,tenements can be allotted to families of defence personnel who have been killed in 1971 Indo-Pak war or any combat thereafter.
