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Bombay HC Slams Frivolous Petitions, Imposes Rs 5 Lakh Fine

  • 04 Dec 2024 10:24 AM
  • Bombay High Court, redevelopment, frivolous petitions, tenant eviction

The Bombay High Court recently condemned the rising number of frivolous petitions filed to stall redevelopment projects, calling it the "cheapest method" to delay legitimate work. In this case, a 67-year-old tenant, Khimjibhai Patadia, filed a petition claiming tenancy rights to resist eviction from the 83-year-old Bubna bungalow in Kandivali, Mumbai. The property was set for redevelopment, with all other tenants already vacating. Patadia's claims were rejected by the court, which imposed a Rs 5 lakh fine, stressing that such actions only served to obstruct the legitimate redevelopment of prime properties. The court noted the growing trend of tenants filing such petitions as a tactic to gain financial advantage or to stall redevelopment projects worth crores of rupees.

The court also highlighted that these petitions often amount to a sophisticated form of extortion, burdening landlords and developers with significant delays and costs. Despite claims from the tenant about the condition of the bungalow, the court ruled that there was no justification for the petitioner's actions. The HC pointed out that tenants seeking to delay redevelopment projects by filing baseless petitions are exploiting the legal process for personal benefit. It also criticized the practice as being a cheap method with little downside for tenants but significant financial repercussions for landlords and developers.

This case, according to the court, is indicative of a broader pattern where tenants, aware of the high monetary stakes involved in redevelopment, use legal petitions to extract better terms or delay the process. The Bombay High Court expressed its dismay at how such petitions have become routine, risking the judicial process's integrity and hindering legitimate redevelopment efforts.

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