Bombay High Court

Bombay HC: BMC's Notices to Mulund Chawl Tenants Deemed Unfair

Updated
Jan 9, 2026 10:59 PM
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Summary: Six people living in Rakhmabai Mhatre Chawl in Mulund, Mumbai, won a case against the Municipal Corporation of Greater Mumbai (BMC), which had sent them notices saying their homes were not allowed. The court found the BMC's actions unfair and protected the tenants from being forced to leave.

Background of the Case

The case involved six people, including Amol Pandharinath Vedak, who challenged the BMC's notices under the Maharashtra Regional and Town Planning Act, 1966. These notices, dated March 15, 2025, claimed the buildings were not legal and demanded their removal.

Legal Proceedings

The tenants, represented by Mr. Amit Ashok Gharte, argued that their homes had been there since before 1962. They showed proof like ration cards, property tax bills, and electricity bills from many years ago. Despite this, the BMC issued a detailed order on April 29, 2025, rejecting their claims without a proper hearing.

"The questioned action will have to stand on its own facts..." - Justice Milind N. Jadhav

Court's Findings

Justice Milind N. Jadhav found that the BMC's notices were unclear and lacked proper reasons. The court noted that the tenants' presence was documented in a registered agreement from 2013, proving they had lived there for a long time.

Judgment and Impact

On January 5, 2026, the court canceled the BMC's orders and notices, protecting the tenants from any forceful actions until the legal process is completed. The judgment emphasized the need for fair procedures and criticized the BMC for acting on behalf of interested parties.

"The homes of the Plaintiffs are fully protected from any forceful action by the Municipal Corporation..." - Justice Milind N. Jadhav

Summary of Verdict

The court's decision is a big win for the tenants of Rakhmabai Mhatre Chawl, showing the importance of legal protections against unfair actions by city authorities. The case highlights the need for authorities to follow fair procedures and respect the rights of people who have lived in a place for a long time.

Tags:
Tenant Rights
Maharashtra Regional and Town Planning Act
Fairness in Bids