Courts can’t be used to stall redevelopment: HC

As a stern warning to deter obstructionist behaviour, the court imposed a fine of ₹5 lakh on the petitioner

MUMBAI: The Bombay high court has warned that courts cannot be misused to pressure landlords or developers into granting undue advantages to tenants.

Courts can’t be used to stall redevelopment: HC

“Unfortunately, cases like this have become routine. Writ Petitions are filed and projects are delayed,” the court said while imposing a fine of ₹5 lakh on Khimjibhai Patadia, a 67-year-old Kandivali resident and tenant at Bubna bungalow, for stalling the 83-year-old building’s redevelopment by filing petitions.

In 2019, the owners of the building submitted a structural audit report categorising the building under C-1 category, which implied that it was dangerous to live in and had to be vacated and demolished immediately. Patadia and six other tenants in the building were subsequently served notices under the Maharashtra Regional and Town Planning Act, asking them to vacate the premises.

While six other tenants moved out, Patadia refused to do so and petitioned the high court in 2023. In April 2024, the court rejected his petition, explicitly clarifying that tenants’ rights were protected and establishing that even a completely sound building could be demolished for redevelopment by the owner.

While Patadia did not vacate the premises even after the order was passed, on September 20 this year, the building was once again classified as C-1 by the Brihanmumbai Municipal Corporation’s Technical Advisory Committee (TAC). Subsequently, Patadia approached the high court seeking to quash the TAC report. He claimed that the building was in the C-2 category, meaning it only required repairs but did not need to be vacated. He also contended that redevelopment of the building would jeopardise his tenancy rights.

A division bench comprising justices AS Gadkari and Kamal Khata said the petition was an example of misuse of judicial process to obstruct redevelopment. Such litigations often amount to “a sophisticated form of extortion” and “calculated gamble”, the court said on November 12, finding no justification in Patadia’s efforts to delay redevelopment of the building for nearly five years.

As a stern warning to deter obstructionist behaviour, the court imposed a fine of ₹5 lakh on Patadia, payable within four weeks of the order. The penalty amount will be credited to the Armed Forces Battle Casualties Welfare Fund.