A division bench of Justices Girish Kulkarni and RN Laddha said that as per the Development Control and Promotions Regulation – 2034 (DCPR-2034), there is no need to obtain consent of all the tenants in the building for such redevelopment.
“The requirement of 100% consent of tenants entering into a PAAA with the landlord/owner would not be applicable in respect of such any proposal when the DCPR 2034 itself mandates consent of 51% to 70% respectively of the occupants/ tenants,” the Court said
The Court, therefore, quashed the decision of the Municipal Corporation of Greater Mumbai (MCGM) which had asked the petitioner-developer to obtain consent of all the tenants for the redevelopment of a building in Goregaon.
The civic body, the bench noted, had directed the developer to get the consent of 100 percent tenants if it wanted approval for the redevelopment, known as the commencement certificate (CC).
“It is a settled position in law that the interest of the minority occupants or the tenants cannot be opposed to the interest of the majority occupants, as also such persons cannot foist on the owners a delay in commencement of the redevelopment work, resulting in the project cost being increased, which would be seriously prejudicial to the owners or the developers and above all, the majority of the occupants,” the bench observed in its order pronounced on March 20.
Source: Barandbench
