Bombay High Court Directs Residents To Vacate Building In One Month
The Bombay High Court has directed nine families to vacate the Manek Apartments in Dadar (West) before mid-January, 2014. The directive has come while hearing the petition by the developer Cosmos Homes India Pvt Ltd. The apartment complex is near Portuguese Church in Dadar (W).
The petition
The Brihanmumbai Municipal Corporation (BMC) had ordered the demolition of Manek Apartment in December 2009. As per the order, the builder initiated a litigation to get the building vacated. Out of the 16 tenant families in the apartment complex, nine refused to vacate the building. They contended that the BMC had initially issued a notice to the developer to repair the building in 1998, but the repairs were not undertaken by the landlord.
The residents also contended that, while they were not opposed to the redevelopment work, there was no approved plan. They had no alternate accommodation yet.
The tenants have been trying to stall the demolition for about one and half years. The builder has deposited Rs. 32.40 lakh in court, which is equivalent of 22 months’ rent, on behalf of transit accommodation. This can be withdrawn after the residents vacate the building.
Redeveloping old buildings
Mumbai is filled with old and dilapidated buildings built before 1970s. Most of these residential units are under bad physical condition and prone to collapse unless redevelopment work is carried out. Redevelopment of old flats can either involve minor repairs or involve demolishing the entire structure and erecting a new structure in its place. It is the responsibility of the builder to take up retrofitting of an apartment complex, unless a cooperative housing society is formed by the property owners.
A redeveloped apartment complex is usually a combination of residential flats as well as some shop spaces. One side effect of redeveloping an apartment is that it usually boosts the capital value in the particular property. Capital value in Dadar (West) is approximately Rs. 31,150 per sq.ft.
