The eviction of a tenant cannot be ordered merely based on a demolition notice issued by a municipal body under the Maharashtra Rent Control Act, the Supreme Court has ruled. A court must examine if there is in fact an immediacy of the need for demolition, the top court said.
While passing its judgment in the Baitulla Ismail Shaikh and Anr. Versus Khatija Ismail Panhalkar and Others, a two-Judge Bench of Justice Aniruddha Bose and Justice Bela M Trivedi said that the conditions under which a landlord can bring an eviction action under clauses (I) and (K) of Section 16(1) of the Maharashtra Rent Control Act, 1999, are different in their operations.
A landlord can bring an eviction action under Clause (I) of Section 16(1) of the Maharashtra Rent Control Act, if the rented premises are “reasonably and bona fide required by the landlord for the immediate purpose of demolishing them and such demolition is to be made for the purpose of erecting new building on the premises sought to be demolished”.
A landlord can bring an eviction action under clauses (K) of Section 16(1) of the Maharashtra Rent Control Act, if the rented premises are required “for the immediate purpose of demolition ordered by any municipal authority or other competent authority”.
“In respect of an eviction proceeding founded on the former provision (Clause (I) of Section 16(1) of the Maharashtra Rent Control Act), it contemplates a lesser degree of immediacy or urgency. But the latter provision (Clause (K) of Section 16(1) of the Maharashtra Rent Control Act) requires a greater degree of urgency and it is within the jurisdiction of the court to test this factor as held in the cases of ML Sonvane (supra) and Manohar P Rampal (supra). Both the fact finding fora failed on this count,” the top court observed.
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