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Latest Legal October 2023 Real Estate

Right of owner to redevelop property Vs insistence of tenant(s) for “repairs”

November 7, 2023 legaldeli

Section 499 of the Mumbai Municipal Corporation Act, 1888 – When a building is in good condition and owner desires to redevelop, the tenant(s) cannot be heard to say that the owner should “repair” building?

The petitioner is the owner of the building at Worli, Mumbai. The private respondents are various tenants of this building. One of the tenants has a car show-room on the ground floor. This was not used for long time. As per the structural report dated 12.4.2022 of Technical Committee, the building is categorised as requiring repairs without evacuation of occupants. The tenants were given permission to carry out structural repairs.

It is well settled that ownership of a movable property carries with it several rights including the right to enjoy the fruits of development of that property to the fullest possible extent. If these rights are to be curtailed, this can only be done in accordance with law and without any form of expropriation

Section 499 provides for the occupier to execute repair work in default of owner and recover expenses from the owner.

The permission to the tenants to carry out repairs was challenged in the writ petition and the writ petition was allowed.

HELD that the answer to the question if owner is precluded from undertaking full redevelopment, enjoying benefits / fruits of ownership of property just because few tenants believe that it can be “repaired” is, in law, on facts and in equity, is firmly in the negative and against the tenants.

Judgment dated 27.10.2023 in W.P.(L) No.20227 of 2023 of Anandrao G Pawar Vs. The Municipal Corporation of Greater Mumbai and others

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