Published On: Wed, Aug 11th, 2010

For a redevelopment, approval of 70% tenants is binding upon the other members,

In a recent ruling, the Bombay High Court has stated that the issue of minority of tenants can not be an obstacle for redeveloping a property if minimum 70% of the tenants are ready for the same.

The judgement came against a matter of a redevelopment in Dadar where 17 members were opposing the redevelopment of an old  Parsi chawl. Based on the writ petition filed by the group of dissenting members, Justice D.B.Bhosale granted the permission to BMC to forcibly evict the families with the police help in case of any opposition from the others against the redevelopment.

It is important to note that as per the section 103B of Maharashtra Housing and Area Development Act, 1976, with the guidelines for redevelopment of old Municipal Properties by the Municipal Tenants Co-Operative Housing Societies on the land owned by the Corporation under regulation -33( 7 ) of the Development Central Regulations for Greater Bombay, 1991, it is necessary that more than 70% of the eligible existing Municipal tenants should give written consent to redevelop the property under the scheme with a formation of a co- operative society / association and an initiative proposal for the redevelopment.

The court has held that once 70% or more occupants /tenants give their consent for redevelopment by forming a co-operative body and if the scheme is approved by the corporation, it is binding to all other occupants. As per the guidelines, the tenants / occupants with separate stand, have no choice but to follow the norms. Being  in minority ( about 30% or less than that ) the only choice for them remains is, to  give up their tenancy rights and quit from the scheme.

Accommodationtimes Institute
Diploma In RERA Diploma In REE Accommodationtimes Institute

About the Author

-

Displaying 2 Comments
Have Your Say
  1. adil says:

    Hi,

    can some one please confirm what are thw minimum documentation requ m tenant to be submmitted to builder for redevelopment??

  2. samson daniel says:

    ALL THE RULES FRAMED IS IN THE FAVOR OF THE LANDLORDS.
    Under Pagadi the building owners who could not increase the rent always try to remove old tenants by given mental tortures and disturbances. the building owners even at some times file false police complaints the tenants are at the mercy of this building owners who are rich and with strong political backgrounds. Iam staying in Dombivli West in a Pagadi Flat since last 23 years and after my father death the building owner refused to accept rent and I was left with no option but to approach the Kalyan Court and file a civil case and paid the rent in the court. But now the owner is filing false complaints against me the police station is giving me strict warnings of arrest.SO THE QUESTION OF 70% OF CONSENT IS IMPOSSIBLE THE LANDLORD COULD OVERNIGHT VACATE ALL THE TENANTS.
    PLEASE I REQUEST THE HIGH COURT JUDGE TO GO BEYOND MUMBAI LIMITS AND SEE THE PROBLEMS THE WHOLE PLACE IS CONTROLLED BY LANDLORDS WHO ARE EITHER GANGSTERS OR POLITICIANS

Leave a comment








Subscribe