Quick Summary: The Bombay High Court has decided that the Municipal Corporation of Greater Mumbai (MCGM) cannot force the Empire Building residents to leave without following the proper legal steps. The case, involving a long-standing argument over lease rights, highlights the importance of following legal rules when dealing with property issues.
The disagreement is about a building called Mahendra Chambers, which used to be known as Empire Building, located on Plot No. A1 at DN Road, Mumbai. The land was originally rented out for 99 years starting in 1901. Over time, the lease was transferred to the Parsi Panchayat, who later passed it on to Mahendra Builders.
The lease ended on December 13, 2000. The MCGM argued that the lease transfer to Mahendra Builders was not valid after it ended, claiming the land went back to them. However, Mahendra Builders disagreed, saying they still had the right to the property.
"Possession can be resumed by government only in a manner known to or recognised by law."
The court found that the residents had been living there for over 25 years and that MCGM's attempt to take back the property without following the rules was unfair. The court highlighted the need for legal steps in solving such arguments.
The judgment emphasizes that even organizations with more rights, like MCGM, must follow legal steps before removing current residents. This decision serves as a reminder of the court's role in protecting property rights and following the law.
The court's decision is a significant win for the Empire Building residents, ensuring they can stay until the correct legal process is followed. This case sets an example for how similar property arguments should be handled in the future.
