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100% Consent From Tenants For Redevelopment Not Needed: Bombay HC To BMC

The court clarified that approval from 51-70% of building occupants or tenants is now required for processing development or redevelopment proposals under DCPR-2034.

100% Consent From Tenants For Redevelopment Not Needed: Bombay HC To BMC
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In yet another landmark ruling, the Bombay High Court (HC) has declared that the Brihanmumbai Municipal Corporation (BMC) cannot demand 100 per cent consent from tenants for processing development or redevelopment proposals under the Development Control and Promotion Regulations (DCPR), 2034.

The ruling was made after developers Raj Ahuja and Jain Ahuja contested Article 1.15 of the BMC's 2018 Guidelines for designating unsafe buildings, which had demanded that all tenants of a building must give their consent for a permanent alternate accommodation arrangement (PAAA) before a commencement certificate (CC) could be issued.

The court bench (chaired by Justices Girish Kulkarni and RN Laddha) declared that it was unreasonable for the BMC to demand complete consent from tenants and withhold the CC in the absence of such. The judges emphasised that the interest of minority tenants cannot oppose the majority's interest and delay redevelopment work, leading to increased project costs. Such delays would be seriously prejudicial to the owners/developers and the majority of occupants.

The developers argued that it may not always be feasible for all tenants to agree to redevelopment, questioning the clause's constitutional legality. They stated that the inclusion of such a restriction in the proposal would lead to project halts due to a tiny percentage of tenants or co-op members.

The BMC defended the rules stating that it's their responsibility to protect tenant interests. However, the court ruled that the interest of the majority of occupants should not be held hostage by a minority. The court clarified that approval from 51-70% of building occupants or tenants is now required for processing development or redevelopment proposals under DCPR-2034.

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