No Court Can Be Tool To Obstruct Genuine Redevelopment Efforts: Bombay HC Imposes 5L Costs On Tenant For Obstructing Redevelopment Of 83-Yr-Old Building

The Bombay High Court imposed exemplary cost of Rs 5 lakh on a tenant for filing a frivolous petition with a view to obstruct the redevelopment of an 83-yr-old building and held that no Court, whether a Writ Court or any other, can be permitted to become a tool for tenants to obstruct the genuine redevelopment efforts of property owners. The Writ Petition before the High Court was filed challenging the decision of the Technical Advisory Committee (TAC). It was alleged that the Landlord was attempting to evict the tenant (Petitioner) by devious means i.e. by declaring the building as dilapidated. The Division Bench comprising Justice Kamal Khata and Justice A.S. Gadkari asserted, “ The property in question is situated in a prime location in the city of Mumbai and has huge monetary potential. The Petitioner is well aware of the said fact and therefore is trying to create hurdle in the development of the suit property. There is absolutely no justification for the Petitioner, as a tenant, to deprive the landlord of the legitimate fruits of redeveloping his property. “