HC: Mi­nor­ity of Ten­ants Can­not Op­pose Re­de­vel­op­ment

Accommodation Times - - Real Estate Investments - By Staff Re­porter

A mi­nor­ity of ten­ants can­not stand in the way of re­de­vel­op­ment of a prop­erty if 70% of the ten­ants have given their ap­proval for it, the Bom­bay high court has ruled.

Jus­tice DB Bhos­ale re­cently or­dered 17 ten­ants of Parsi Chawl in Dadar to va­cate their ten­e­ments be­fore Novem­ber 15. If they failed to com­ply, the court gave the BMC per­mis­sion to forcibly evict the fam­i­lies with the help of the po­lice.

The 17 ten­ants had re­fused to leave, say­ing they wanted to be part of the re­de­vel­op­ment project of a neigh­bour­ing chawl. “The 17 ten­ants, who are en­ti­tled to ten­e­ments in the build­ing that will be con­structed for the ten- ants/ oc­cu­pants of the Parsi Chawl can­not be al­lowed to make ten­ants/oc­cu­pants in both the chawls suf­fer any fur­ther,” the judge said.

“Once 70% or more ten­ants/ oc­cu­pants give con­sent to re­de­velop the prop­erty un­der the scheme and form an as­so­ci­a­tion/ co-op­er­a­tive so­ci­ety and start pro­posal of re­de­vel­op­ment and if the scheme is ap­proved by the cor­po­ra­tion, it is bind­ing on all ten­ants of the chawl/build­ing,” said the judge.

The court said go­ing by the guide­lines for the re­de­vel­op­ment of old civic prop­er­ties by mu­nic­i­pal ten­ants’ co-op­er­a­tive hous­ing so­ci­eties, no choice was given to the ten­ants/oc­cu­pants who are in mi­nor­ity, i.e. 30% or less, to take dif­fer­ent stand. “It may be pos­si­ble for such one or a group of ten­ants/ oc­cu­pants to give up their right and quit from the scheme,” said the judge. “If ten­ants in mi­nor­ity or non-co-op­er­a­tive ten­ants are given choice to be­come mem­bers of any other so­ci­ety, as of right, that may cre­ate chaos and no re­de­vel­op­ment would ever progress smoothly.”

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