Disposition of Special Leave Petitions and Directions Regarding Tenant Eligibility Determination.
10 January 2025
Landlords & Tenants >> Personal Law
In a recent legal development in Supreme Court of India in the matter of Saku K. Awate vs Meera Enterprises Hira Sadan & Ors, the Bombay High Court addressed a matter involving the 5th Respondent's eligibility regarding a property dispute. The Court, in its order disposing of Interim Application (L) No.29208/2024 in Writ Petition No.3449/2022, granted the 5th Respondent the liberty to apply to the Brihanmumbai Municipal Corporation (BMC) to determine their eligibility within two weeks. The BMC was directed to dispose of the application within two months after hearing both the 5th Respondent and the petitioner (owner/developer).
However, the petitioner’s counsel objected to the High Court's direction for the Municipal Corporation to determine the petitioner’s tenant status. Despite the dispute, it was clarified that the petitioner, who had vacated and had the premises demolished, could approach the competent Civil Court for a formal declaration regarding their tenant status, rights, and interest in the property.
In conclusion, the Supreme Court of Indian disposed the Special Leave Petitions of in these terms, with pending applications also being resolved.