HC: Minority of Tenants Cannot Oppose Redevelopment
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.”