3 days ago
‘BMC didn't follow policy in tenancy transfer to woman'
Mumbai: Bombay High Court has rapped the BMC for not following procedure in its policy for transferring tenancy to a woman of a shop-cum-residence in a Worli building that was razed for redevelopment.
"There was no reason for the municipal corporation to unnecessarily stick to the stand that unless an NOC (no objection certificate) of all legal heirs are produced, transfer cannot be effected. When a policy provided for a practical way out, the municipal corporation has, for reasons best known to them, adopted the usual 'we will not do it, let the court do' approach which has resulted into unnecessary litigation of this kind,'' said Justice Milind Sathaye in Wednesday's verdict.
The woman appealed against the Feb 2002 civil court's order that dismissed her suit holding that the BMC proved that as per its Jan 1989 policy a tenement cannot be transferred without consent of all legal heirs and that the right to occupy is jointly owned by all the legal heirs. The woman lived with her mother in a 360-sq-ft BMC-owned premises with her tenant-mother who died in Sept 1984. The BMC insisted on an NOC from other legal heirs to transfer the tenancy to her name.
Three married sisters objected that she does not have exclusive right to tenancy.
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Justice Sathaye said the procedure for transferring tenancy provides for accepting a security deposit and an undertaking that the appellant will vacate if other legal heirs establish their right through court and she shall be liable to vacate and the security deposit shall stand forfeited. The BMC must adopt a procedure "conducive to quick disposal of applications like transfer of tenancy which supports overall development.
.. The practical aspect under the applicable policy was totally missed by the learned trial judge."
Justice Sathaye quashed and set aside the lower court's order and directed the BMC to transfer the premises to the woman as per procedure. Referring to an Aug 2022 order, where she was directed to vacate and hand over the premises to the developer, the judge said she will be entitled to occupy the permanent alternate accommodation subject to undertaking that she shall not sell, transfer, alienate or create third party rights and will be bound by any suit filed by her sisters for declaration of share/right.
The judge restrained the sisters from disturbing her possession without following due process of law.
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