8 months ago
Bombay HC Allows Redevelopment with 51% Tenant Consent
The Bombay High Court has allowed the redevelopment of old and damaged buildings in South Mumbai to go ahead if the landlords and more than half of the tenants agree.
These buildings are called cessed buildings, and they are very old, built before India gained independence.
The court said that the redevelopment can start even though some notices about these buildings were found to be illegal.
A special committee is still looking into all the notices to make sure everything is fair.
The court wants the committee to finish their report soon.
The buildings are in places like Walkeshwar and Gamdevi Road, and the court believes that if everyone agrees, the redevelopment should be allowed to proceed.
Bombay High Court permits redevelopment of dilapidated cessed buildings in South Mumbai with 51% tenant consent.
Court clarifies that this exception does not interfere with the ongoing inquiry by a two-member committee.
Committee is examining 935 notices issued by MHADA for redevelopment of dangerous and dilapidated buildings.
Court notes that the committee has considered joint requests from landlords and tenants for redevelopment in specific buildings.
MHADA's interim plea allowed, but the court reiterates that issuance of notices without BMC declaration is illegal.
- Who
- Bombay High Court, Maharashtra Housing and Area Development Authority (MHADA), Tenants and Landlords of cessed buildings
- What
- Permission granted for redevelopment of dilapidated cessed buildings with 51% tenant consent
- Where
- South Mumbai, India
- When
- December 5, 2023 (order passed), July 2023 (initial notices issued)
- Why
- To address the redevelopment of dilapidated and cessed buildings with the consent of landlords and tenants
Key facts
- Court
- Bombay High Court
- Authority
- Maharashtra Housing and Area Development Authority (MHADA)
- Committee
- Two-member committee headed by a former High Court judge
- Consent Required
- 51% tenant consent
- Buildings Affected
- Dilapidated and cessed buildings in South Mumbai
- Notices Issued
- 935 notices issued last year
- Committee Report Deadline
- Six months from July
- Key Locations
- Walkeshwar, Gamdevi Road, Banganga Road, B G Kher Marg, Napean Sea Road
Quotes
Bombay High Court
The judicial body that issued the order permitting redevelopment of certain buildings in South Mumbai.
“Considering the just observations made by the Committee, and those cases where the tenants themselves have consented as also the landlord has expressed willingness to proceed for redevelopment, in our opinion, these are clear and undisputed positions arising from the consent of the parties, that the redevelopment needs to proceed.”
indianexpress.com
Sources
Bombay HC allows stalled redevelopment of dilapidated cessed buildings in South Mumbai to proceed with 51% tenant consent
‘Unwarranted litigation at public cost,’ HC seeks five-year data on illegal structures and garages regularised in Mumbai
