The Bombay High Court dismissed an appeal by the Air India Staff Colony Association challenging the demolition of vacant buildings at the colony in Mumbai. The court ruled that employees have no right to demand accommodation as they are merely licensees under the Housing Allotment Rules.
Justice R. N. Laddha observed that the rules “demonstrate that every employee cannot demand accommodation as a matter of right.” He emphasised that the flats are provided on a leave and license basis, granting no permanent rights.
This decision comes after the association filed an appeal against a lower court order denying them relief regarding the demolition. They argued that eviction notices were issued due to the government’s disinvestment in Air India, but the court found no merit in their claim.
The court also noted that previous rulings by the Division Bench and the Supreme Court had already directed Air India employees to vacate their accommodations or face eviction. While the Supreme Court offered protection against penal rent and damages, it acknowledged that the colony flats were provided on a temporary basis.
Furthermore, the court recognised MIAL’s plans to demolish only unoccupied buildings, ensuring minimal impact on current residents and prioritising safety. Essential services will continue, and inhabited buildings, including schools, will not be demolished without due process.
With this ruling, the Bombay High Court has cleared the way for MIAL to proceed with the demolition of vacant buildings at the Air India Staff Colony, upholding the principle that employee housing is a welfare function, not a guaranteed right.
