BOMBAY HIGH COURT: TENANTS' LIMITED RIGHT TO SEEK BUILDING REPAIR CANNOT BE OBLITERATE LANDLORD'S RIGHT TO REDEVELOP IT

The Bombay High Court in the case Anandrao G Pawar v. The Municipal Corporation of Greater Mumbai and Ors., observed and has held that the tenants cannot stretch their limited right to reconstruct or repair a dilapidated building in order to obstruct the property owner or the landlord from redeveloping his property.

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The Division bench comprising of Justice GS Patel and Justice Kamal Khata in the case observed while ruling in favor of the petitioner or landlord, thus, the court set aside the no-objection certificate, NOC and subsequent repair permissions granted to tenants w.r.t. a building in Worli.

The court in the case observed that the petitioner or owner was desirous of redeveloping the property and was willing to re-accommodate tenants free of cost on basis of ownership. He in the case was entitled to fully enjoy the fruits of development of that property to the fullest possible extent.

Adding to it, the court stated that when an owner does not exercise his rights, and stands idly by doing nothing to the prejudice of the tenants, the tenants are not without a remedy. Thus, they in the case can have the building repaired or rebuilt to its original condition, but no more.

The court in the case stated that this limited right of a tenant cannot be expanded to eclipse indeed, obliterate the full rights of a property owner willing to undertake redevelopment.