Eviction of tenant when permissible

Bombay High Court: Dismissing the appeal of a Juhu tenant, who was the lone occupant of a dilapidated building, the Court ordered the appellant to vacate the premises within four weeks. The tenant, who had been paying 50 rupees rent per month, had turned down an offer of Rs 28,000 per foot which amounted to approximately Rs 1 crore to move out from the building, insisting on an alternate permanent accommodation on the same plot. Hon’ble Anoop V Mohta, J. refused to grant the tenant any relief against the demolition notice served by the BMC for the old building which has been declared dangerous, stating that as there was no challenge to the demolition and/or restructuring of the building, it was sufficient to consider the case in favour of the Respondent and there was no reason for repairing the building only to permit the Appellant to occupy one flat, also the submission that the Appellant will repair the premises was held to be of no assistance as it would cause further complications especially when no one else was occupying other portions of the building. [Esther Manickam vs. Municipal Corporation of Greater Bombay, Appeal from Order No. 23627 of 2013, Decided on 27th September, 2013]

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