Khimjibhai Patadia, a tenant living in a 85-year-old dilapidated building in Kandivali area, challenged the report of the Technical Advisory Committee (TAC), which recommended redevelopment of the building. He was served with an eviction notice by the BMC after it categorised the said building as ‘dangerous and dilapidated.’
He filled a petition in Bombay High Court alleging that the landlord was trying to evict him through ‘devious’ means and infringe his ‘tenancy rights.’
A division bench of of the High Court noted that filing petitions in the court is the ‘quickest and cheapest’ method, often by the tenants to stall redevelopment of old and dilapidated buildings.
The judges pointed out that tenants often demand reinstatement at the same location, monetary compensation and/or additional space.
The judges made it clear that such matters are purely contractual and must be resolved between the developer and tenant.