Woman Licensee Cannot Be Evicted Solely Due to Redevelopment: Bombay High Court

The Bombay High Court has held that a woman in possession of a residential flat, even as a gratuitous licensee, cannot be dispossessed merely on the grounds of redevelopment.

The Division Bench was hearing two commercial arbitration appeals under Section 37 of the Arbitration and Conciliation Act, 1996, challenging interim reliefs granted under Section 9  to developer Elite Housing LLP.

The case involved Leena Haldar, wife of flat owner Ritesh Haldar, who had been living in the flat since marriage. The Court modified a Single Judge’s order and directed that she be restored to the redeveloped flat and paid transit rent.