The Bombay High Court passed a order on 20 March, 2023.This was seen in the case of Raj M. Ahuja And Anr vs The Municipal Corporation 5130 OF 2022 and the case was presided over by Hon’ble Justice Girish Kulkarni and RN Laddha.
FACTS OF THE CASE:
It is the case the petitioners are owners of land. It housed 39 industrial units. There were 17 tenants on the ground floor. MCGM had issued a notice to the petitioners under Section 354(1) of the MMC Act. Also the Technical Advisory Committee (TAC) of the MCGM had inspected the petitioners’ building and had declared the same to be dangerous falling within ‘C-1’ category and formalities were completed, in December 2017, the MCGM demolished the building.
OREDER OF THE CASE:
The bench opined that it cannot be countenanced that once the majority of the occupants agree to vacate the building and accept the PAA being offered by the owner, by protecting their occupancy rights as they stood at the time the building was demolished, it cannot be heard from minority of such tenants, for whatever reasons, that they are not agreeable to a settlement in this regard. “They cannot now resist a PAA as offered by the owner to the majority of the tenants, for a reason that the PAA does not suit their requirements, or for some other reasons they are not agreeable to enter into a PAA, as in the present case. This would amount to few tenants bringing the entire redevelopment to a standstill, by not consenting to a permanent alternate accommodation or by raising disputes,” the bench ruled.
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JUDGEMENT REVIEWED BY ARCHLA.
Raj_M_Ahuja_And_Anr_vs_The_Municipal_Corporation_Of_on_20_March_2023
