Mumbai: The Bombay High Court has dismissed a petition filed by eight tenants of a dangerously dilapidated building in Malad West who attempted to stall its redevelopment, terming their stance as “obstructionist” and imposing a fine of Rs 2 lakh each.
The tenants had challenged a 2023 demolition notice issued by the Brihanmumbai Municipal Corporation (BMC) for Krishna Baug Building No.1, a 100-year-old structure categorized as “C1” – unfit for habitation and requiring immediate demolition. The BMC had issued the original notice in October 2020.
A division bench of Justices Ajey Gadkari and Kamal Khata was hearing two petitions: one by the tenants opposing the eviction and seeking reclassification of the building from C1 to C2-B (which would allow repairs), and the other by landlords seeking enforcement of the demolition.
The court rejected the tenants’ argument that the ground floor was no longer dangerous after repairs and that eviction was unnecessary. It held that tenants cannot obstruct redevelopment efforts initiated by the owner.
“This Court… has unequivocally held that property owners possess an absolute right to demolish their building, irrespective of structural soundness,” the bench observed, referring to its ruling in another similar case.
It further clarified that while tenants’ rights are protected under the Maharashtra Rent Control Act, 1999, these rights extend only to “reconstruction”, not “redevelopment”, which involves a new layout or design.
The court denied the tenants’ request to stay the order for six weeks to approach the Supreme Court, noting that other residents had suffered due to their “adamant approach”. The tenants have been directed to deposit the Rs 2 lakh fine each with the Armed Forces Battle Casualties Welfare Fund within four weeks.
