HIGH COURT : JUST BECAUSE A BLDG IS OLDIT CANNOT BE CALLED DANGEROUS .

​The Bombay High Court has recently addressed several cases concerning the classification and redevelopment of old buildings in Mumbai, emphasizing that age alone does not render a structure dangerous.​

Case of Shuklaji Street Buildings (January 2024):

In January 2024, the High Court criticized the Maharashtra Housing and Area Development Authority (MHADA) for declaring buildings on Shuklaji Street in Tardeo as dangerous based solely on visual inspections. The court asserted that buildings which are structurally sound cannot be deemed unsafe without substantial evidence. It highlighted the necessity of providing property owners with an opportunity to be heard before making such determinations. Consequently, MHADA was directed to notify all concerned parties about the structural conditions of the buildings and allow owners to present their cases.

Tenants’ Right to Redevelop (December 2024):

In another significant ruling in December 2024, the High Court upheld the rights of tenants to redevelop an 80-year-old dilapidated building in Kalbadevi. The court observed that the landlords had failed to initiate redevelopment within the statutory timeframe. Justices Ajay Gadkari and Kamal Khata quashed MHADA’s order that had permitted the landlords to undertake redevelopment and directed MHADA to issue the letter of intent to the tenants instead. This decision underscored that tenants have the right to redevelop properties when landlords do not act within the stipulated period.

Penalties for Obstructing Redevelopment (December 2024):

Furthermore, in December 2024, the High Court imposed a fine of ₹5 lakh on a tenant for filing a frivolous petition intended to obstruct the redevelopment of an 83-year-old building. The court stated that judicial processes should not be misused to hinder legitimate redevelopment efforts and emphasized the importance of allowing property owners to undertake necessary redevelopment without undue interference. ​

These rulings collectively highlight the court’s stance that the mere age of a building does not justify labeling it as dangerous. Proper structural assessments and adherence to due process are essential before declaring a building unsafe or initiating redevelopment.​

Sources

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