Summary: A group of tenants in Mumbai's Irani Chawl resisted eviction, delaying a major redevelopment project. The court has now ordered their eviction, allowing the project to proceed.
The case involves 15 tenants, including Dipika Tanavde and others, living in Irani Chawl, an old building in Prabhadevi, Mumbai. This building, constructed before 1940, is part of a redevelopment plan due to its run-down condition. Out of 62 tenants, only these 15 have refused to move out.
The owner, M/s Hill Park Properties Pvt. Ltd., aims to redevelop two buildings on the plot. The old building, built in 1959, is eligible for repairs by the Mumbai Building Repair and Reconstruction Board. However, the newer building, where the tenants live, is not. The owners received permission for redevelopment in 2015 and a revised one in 2021.
The tenants resisted eviction, arguing that the MHADA officer didn't have the authority to evict them under Section 95A of the MHAD Act. However, the court ruled against them, emphasizing that the redevelopment plan had been approved and the new building for them to move into was ready. The court stated:
"The petitioners cannot take a position contrary to the NOCs which was granted and accepted by them."
The tenants claimed they were entitled to larger apartments, equivalent to those offered to tenants of the older building. However, the court found no legal basis for this claim, as the tenants were already being offered larger apartments than their current ones.
The court dismissed the tenants' request, allowing the redevelopment to continue. The court granted the tenants four weeks to leave their homes. This decision underscores the importance of cooperation in redevelopment projects to avoid delays in legal processes and construction.
