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Redevelopment – Tenants obstruction to demolition of 100 years old building

July 3, 2025 legaldeli

Following the earlier decision in Anandrao G. Pawar case (2023 SCC OnLine Bom 2534), it is HELD that the property owners possess absolute right to demolish their building irrespective of their structural soundness and the tenants cannot lawfully obstruct such demolition. The rights of the tenants remain safeguarded under the Maharashtra Rent Control Act, 1999 and the BMC Act.

In Chandralok People Welfare Association judgment (2023 SCC OnLine Bom 2300), the High Court has comprehensively interpreted and linked the three statutory provisions of Section 17 of the Rent Control Act and Sections 499 & 354 of the BMC Act.

The Court delineated the obligations of the BMC concerning its extensive civic responsibilities in city management. Furthermore it distinctly crystalized the rights of the tenant’s concerning “reconstruction” of the building while expressly excluding right to “redevelop” thereby clearly differentiating two concepts.

In 2024 SCC OnLine Bom 3709, the High Court after reviewing various judgments observed that, such litigation often constitute a sophisticated form of extortion. In our considered view, the writ petition of the tenants opposing demolition is of the same nature.

Costs of Rs.2 lakhs was imposed on the tenants – petitioners of the writ petition opposing demolition and payable to the Armed Forces Battle Casualties Welfare Fund.

Judgment dated 27.6.2025 of the High Court of Bombay in Writ Petition No.4097 of 2024 of Rajaram Dinkar Ketkar and another Vs. Municipal Corporation of Greater Bombay and others with connected matters

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