BMC can now raze dilapidated buildings without residents' approval: HC

In a landmark judgment, the High Court has ruled that the condition of 100% approval of the residents is not necessary while redeveloping the buildings that are declared as dangerous by the Municipal Corporation. This will pave the way for the redevelopment of many dangerous buildings, experts believe.

A building is declared as dilapidated and the civic body allots a group. Such buildings can be demolished immediately and action can be taken against the concerned for redevelopment. But for this, the Brihanmumbai Municipal Corporation (BMC) has implemented separate guidelines in 2018. According to that regulation, 100 percent approval of residents is mandatory for redevelopment of such buildings. Therefore, the redevelopment of Madhu Estate, an industrial and residential colony in the area of Goregaon Pahadi, was stalled due to this condition. The civic body had refused to issue Commencement Certificate and Intimation of Disapproval (IOD). It was challenged in the High Court by the building owner as well as the developer. A bench of Judge Girish Kulkarni and RM Laddha gave this decision last week. Many buildings will benefit from it.

In Madhu Estate, out of total 39 residents, 32 residents gave approval. However, seven residents refused to enter into a permanent alternative tenancy agreement. The BMC had refused the permission by taking the stand that the necessary permission for the redevelopment of the building cannot be given without submission of a hundred percent agreement. As per the Development Control Rules 2034, 51 to 70 percent clearance is allowed for various redevelopment schemes. In such a case, the court ordered permission for the project, clarifying that the municipality cannot insist on the requirement of 100 percent approval. This decision of the court will be beneficial for many projects that have been stalled in this way.

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

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