Bombay HC Criticises Petitions Delaying Redevelopment Projects

The practice of bringing baseless petitions against redevelopment projects has been condemned by the Bombay High Court, which also stated that it has become the least expensive way to put projects on hold. On November 12, a division bench consisting of Justices A S Gadkari and Kamal Khata denied a 67-year-old man’s appeal to leave an 83-year-old bungalow in which he had been a tenant since 1995.

The High Court stated that it believes that the Rs 5 lakh cost imposed on petitioner Khimjibhai Harjivanbhai Patadia will act as a deterrence to such baseless and naughty applications. The individual claimed that the landlord was trying to evict him “hook or crook and by devious means” in violation of his tenancy rights.

In its ruling, a copy of which was made public on Wednesday, the court denied the petition, stating that it was submitted to prevent the redevelopment and that all other tenants had left the bungalow.

The bench observed that the building, a “Bubna bungalow” in the Kandivali neighbourhood of Mumbai, was built in 1940 on a plot of ground that was around 4,400 square meters in size. According to the court, these lawsuits frequently amount to a sophisticated kind of extortion, and there needs to be a strong deterrent against renters engaging in such “obstructionist behaviour”.

The HC stated, “High-stakes cases warrant high deterrent costs to discourage frivolous and mischievous petitions,” while imposing an exemplary penalty of Rs 5 lakh on the petitioner. Without these safeguards, the legal system runs the risk of turning into a low-cost instrument used by dishonest parties looking to take advantage of it for their own benefit.

As per the bench, no court should be allowed to be used as a means by which tenants impede the legitimate redevelopment initiatives of property owners. According to the HC, incidents like this one, in which petitions are filed and projects are delayed, have unfortunately become commonplace.

Source: ETRealty

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