Once consented,redevelopment sealed,says HC

Upholding the ruling of a single judge of the Bombay High Court,a division Bench has said that once tenants have given consent to redevelopment of a building,they cannot withdraw it.

Justice S J Kathawala had held that withdrawal of consent by tenants for redevelopment of buildings is inconsequential; the object of redevelopment of old and dilapidated buildings will never be achieved (if withdrawal is accepted). If such withdrawal of consents is allowed,it will encourage some of the members of societies to use it as a weapon to blackmail the developers, he had observed.

Following that order,the tenants involved in the case had appealed to the division Bench of Chief Justice Anil Dave and Justice S C Dharmadhikari,who has now upheld the order.

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The 19 petitioner-tenants are members of Kher Nagar Ganeshkrupa Cooperative Housing Society in Bandra East. The executive engineer of Mumbai Housing and Area Development Board had given 54 tenants,including these 19,48 hours to move out of their tenements or face eviction under Section 95A of the Maharashtra Housing and Area Development Act,after which they had challenged his order.

In 2003,following a proposal to redevelop the property,45 of its 54 members,or 83 per cent,gave their consent. These included 10 of the petitioners but they started opposing the project from 2004. As plans progressed,34 members vacated their tenements in 2007 and shifted to temporary,alternative accommodation,but the petitioners refused.

MHADA counsel G W Mattos had submitted that they are empowered to undertake summary eviction. The court had accepted it.

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