The Bombay High Court, in a landmark decision, has assured tenants of the Ismail Baug building in Malad that their tenancy rights will be preserved despite the building's demolition. The court upheld the BMC's demolition notice, citing safety concerns, but emphasized that tenants would be reinstated once the building is reconstructed. The ruling came after a detailed consideration of conflicting structural audit reports and underlines the judiciary's commitment to balancing public safety with the protection of tenants' rights in urban development scenarios.
In a significant ruling, the Bombay High Court has declared that the demolition of an unsafe building in Malad will not infringe upon the tenancy rights of its occupants. The verdict, delivered by a vacation bench comprising Justices Sharmila Deshmukh and S V Marne, comes in the wake of a contentious demolition order by the Brihanmumbai Municipal Corporation (BMC). The BMC, citing the precarious condition of the Ismail Baug building opposite Malad railway station, had issued a notice on November 10, categorizing the structure as dangerous and unfit for habitation. This move prompted a legal challenge from the building's occupants, who feared losing their tenancy rights. However, the court has reassured the petitioners, affirming that their rights as tenants will be preserved and they will be reinstated as tenants once the building is reconstructed. This decision upholds a fundamental principle of tenancy law, ensuring that the occupants are not permanently displaced by the necessary demolition. The building in question, over 50 years old and comprising two ground-plus-one floor chawls, had been a subject of concern for some time. In January, the BMC had requested a structural audit with non-destructive testing (ND testing) after the ShopKeepers Welfare Association reported the owner's refusal to permit the audit. The subsequent report by Avon Consulting Engineer classified the building in the C-1 category, recommending immediate evacuation and demolition. The situation was further complicated by conflicting reports from various consultants, including one that did not conduct the mandated tests. Despite these discrepancies, the court found no merit in the arguments presented by the tenants’ counsel, who had sought a fresh audit or referral to the technical advisory committee (TAC). The High Court's ruling underscored the occupants' inability to demonstrate any exemption for load-bearing structures from ND testing, as per BMC guidelines. The court was firm in its stance, refusing to grant any further opportunities for a new structural audit and emphasizing that the petitioners cannot benefit from their own oversight. In a crucial directive to safeguard the rights of the building's occupants, the court ordered the BMC to measure each occupant's area. This measure is intended to protect their tenancy rights and ensure fair treatment once the building is reconstructed. The decision strikes a balance between the urgent need for public safety and the protection of tenants' rights. It underscores the judiciary's role in navigating complex urban issues, where the safety of citizens and the preservation of their rights are equally paramount. This ruling sets a precedent for similar cases, where redevelopment and tenant rights intersect in the ever-evolving urban landscape of Mumbai.
Advertisement
Facebook
Whatsapp
