No HC relief for tenants of dilapidated building at Mumbai’s Ghatkopar

After hearing the submissions, the court observed that the current petition was a delaying tactic by the tenants.

The Bombay high court recently refused to stay the demolition of a dilapidated building in Ghatkopar after the tenants sought to stop the demolition, saying they had not received the re-development benefits to which they are entitled by law.

Bombay high court .

On December 22, a bench of justice SJ Kathawalla heard a petition filed by tenants of a building scheduled for demolition, in which the tenants sought a stay because the landlord and developer had not provided the tenants’ alternative accommodation or transit rent. The technical advisory committee (TAC) report and a report by an independent structural auditor have confirmed the building is in a ruinous condition.

After hearing the submissions, the court observed that the current petition was a delaying tactic by the tenants. “The petitioners and their advocates are well aware that the petitioners cannot be allowed to continue their stay in a dilapidated building and they are always at liberty to seek reliefs qua transit rent and execution of the permanent alternate accommodation agreement, or to even prevent the developer from proceeding with the development without providing the benefits that the petitioners are entitled to in law, but the petitioners certainly cannot continue their stay in a dilapidated building on the pretext of the developer not having extended the re-development benefits to them to which they are entitled to in law,” observed the court.

The court has directed the tenants to vacate the building immediately and permitted the Brihanmumbai Municipal Corporation to undertake demolition once the building has been vacated. The matter will be heard next on January 28, 2021, to consider whether any other relief may be granted to the petitioners.