Condition Of 100 Per Cent Approval Of Residents For Redevelopment Of Dangerous Buildings Relaxed By Mumbai High Court
Mumbai, 27th March 2023: The Mumbai High Court has ruled that the condition of 100% approval of the residents is not necessary while redeveloping the buildings declared dangerous by the Municipal Corporation, which has paved the way for the redevelopment of many buildings.
The municipality provides a tag by declaring the building dangerous. Such a building can be demolished immediately, and action can be taken against the concerned for redevelopment. But for this, the Municipal Corporation has implemented separate guidelines in 2018. According to that regulation, 100 per cent approval of residents is mandatory for the redevelopment of such buildings. Therefore, the redevelopment of Madhu Estate, an industrial and residential colony in Goregaon, was stalled due to this condition. The Municipal Corporation had refused to issue a Commencement Certificate and Intimation of Disapproval (IOD). It was challenged in the High Court by the building owner and the developer. A bench headed by RM Laddha gave this decision last week. Many buildings will benefit from it.
In Madhu Estate, out of a total of 39 residents, 32 residents approved. However, seven residents refused to enter into a permanent alternative tenancy agreement. The Municipal Corporation 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 100 per cent agreement. As per the Development Control Rules, 51 to 70 per cent 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 per cent approval. This decision of the court will be beneficial for many projects that have been stalled in this manner.
