The entire redevelopment project of a dilapidated building cannot be held up due to a few dissenting tenants, observed the Bombay High Court recently.
“The project of re-development cannot be stalled only because a miniscule number of tenants/occupants are not agreeable to give their written consent unless the issue of their eligibility or area which they are entitled to, is settled,” observed a division bench of justices Amjad Sayed and Abhay Ahuja while asking the Brihanmumbai Municipal Corporation (BMC) to grant necessary permission for redevelopment of the building – Pannalal Nagar in Borivali.
The HC was hearing a petition filed by Pannalal Nagar Tenant Welfare Association seeking direction restraining the BMC from demolishing the building until the Developer obtain IOD and/or Commencement Certificate (CC) from the concerned authorities.
Their advocate Mayur Khandeparkar argued that tenants apprehended that the Developer will not be able to redevelop the plot until it acquires consent from all the tenants and in such a case, the BMC will not grant them CC.
Of the total 57 tenants/ occupants, 51 had granted consent in the favour of the developer for redevelopment of their building.
However, the BMC was not granting permission for redevelopment on the ground that “all” tenants/occupants have not given their written consent.
The court noted that an “overwhelming majority” of the tenants have consented to the redevelopment. Also, the BMC has categorized the building as ‘C-1’ structure and requires to be demolished.
Taking note of the above, the court observed: “… it would be in the fitness of things that the re-development commences at the earliest and the rights of eligible tenants/occupants are protected.”
The court further noted, in the facts and circumstances of the case, “we deem it appropriate to direct the Respondent-Corporation to process the building proposal of the Developer”.
Vikhil Dhoka, counsel for the developer - Padmavati Developers, gave a statement to the court that provision shall be made in the new building for all the tenants/occupants as per their eligibility and area entitlement.
Some of the tenants/ occupants had raised a dispute over their area entitlement and eligibility.
The court noted that the grievance of these non-cooperative tenants/occupants in respect of their area entitlement and eligibility, can always be considered at a later stage and that the same should not withhold the redevelopment project.
The HC has asked the BMC to follow its Guidelines of 2018 in respect of preparation of certified list of tenant and area in their occupation before demolishing the said building.
