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The high court in its order imposed a cost of Rs. 5 lakhs while observing that filing petitions has become the cheapest way to stall redevelopment of projects
The Bombay High Court has recently dismissed a petition while observing if costs are not imposed on frivolous petitions then the judicial process becomes a cheap tool for personal gains.
“It is precisely to counter these sort of petitions that we deem it necessary to impose substantial costs. High-stake cases warrant high deterrent costs to discourage frivolous and mischievous Petitions. Without such measures, the judicial process risks becoming a cheap tool for unscrupulous litigants seeking to exploit it for personal gain,” the order reads.
A division bench of the high court comprising Justice AS Gadkari and Justice Kamal Khata was hearing a petition filed by a 67-year-old man refusing to vacate an 83-year-old Bangalow where he was staying as a tenant.
The senior citizen had challenged the decision of the Technical Advisory Committee of MCGM declaring the Bangalow built in 1940 as depilated and to be demolished. He argued that the landlord wanted to evict him from the bungalow by hook or crook.
The high court in its order said that the 4400 sq ft property in Kandivali is situated in a prime location in the city of Mumbai and has huge monetary potential.
It added that the Petitioner is well aware of the said fact and therefore is trying to create a hurdle in the development of the suit property. Furthermore, it said there is no justification for the petitioner, as a tenant, to deprive the landlord of the legitimate fruits of redeveloping his property.
The high court in its order imposed a cost of Rs. 5 lakhs while observing that filing petitions has become the cheapest way to stall redevelopment of projects.
“No Court, whether a Writ Court or any other, can be permitted to become a tool for tenants to obstruct the genuine redevelopment efforts of property owners. Filing Writs Petitions has increasingly become the quickest and cheapest method to stall redevelopment projects, with little or no downside for tenants. It is at a meagre expense – a calculated gamble. If the tenant succeeds, the rewards are substantial; if dismissed the financial loss is negligible,” the order states
Case title: Khimjibhai Harjivanbhai Patadia vs MCGM
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