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2025 Supreme(Online)(Bom) 5900
BOMBAY HIGH COURT
G. S. Kulkarni, Arif S. Doctor, JJ
Yamuna Sudhakar Shejwal – Appellant
Versus
Sachin Manmohan Kalra & Ors. – Respondent
Review Petition No. 43 of 2025 | Writ Petition No. 513 of 2023 | Writ Petition (L) No. 6903 of 2025 | Writ Petition No. 2904 of 2019 | Writ Petition No. 651 of 2025 | Writ Petition No. 1193 of 2024
For the Appellants/Petitioners: Mr. Samir Vaidya, Aditya Parmar, Ms. Zoinal Khan, Ms. Jagruti Mistry
For the Respondents: Mr. Aditya Seetharaman, Mr. Girish Godbole, Ms. Manisha Jagtap, Ms. K. H. Mastakar, Mr. Atul Vanarse, Mr. Himanshu Takke, Ms. Anupama Pawar, Mr. Mahesh Londhe, Mr. Sahil Singh
Tenants are not entitled to receive transit rent once allocated tenements are certified as habitable, following structural safety assessments.
Headnote:(A) Structural Safety - Review of Tenement Construction - The necessity of a Structural Audit Report to assess the habitability of the tenements was highlighted. In the event that the construction is certified as sound, tenants would not be entitled to further transit rent, reducing undue financial burden. (Paras 1, 2, 4)
(B) Affidavit Requirement - The court ordered an affidavit certifying the safety and quality of construction, to ensure the readiness of tenements for occupation and the cessation of transit rent payments. (Paras 2, 4)
(C) Joint Inspection - Allowing inspections by tenant representatives alongside MHADA outlined the process of ensuring safety and transparency in the matter before further orders can be made. (Paras 6, 7)
Facts of the case:
The case arises from concerns about the structural integrity of buildings allocated to tenants, necessitating a Structural Audit to certify their readiness for occupation.
Findings of Court:
The court maintains that following the corrective measures by MHADA, tenants should occupy the tenements without delay if found habitable.
Issues: Key issues included whether tenants should delay occupation of completed tenements while receiving transit rent and the procedure for validating construction integrity.
Ratio Decidendi: The court held that once certifiably safe, continued payments of transit rent are unjustified and a public burden.
Result: Further orders will be passed post-filing of affidavits regarding structural safety.
| Table of Content |
|---|
| 1. need for structural safety certification. (Para 1 , 2) |
| 2. tenants should occupy completed tenements. (Para 3 , 4) |
| 3. proper process for tenant inspection. (Para 5 , 6 , 7) |
| 4. pending further orders based on affidavits. (Para 8 , 9) |
ARIF S. DOCTOR, JJ.
DATED: 14 AUGUST, 2025 P.C.
1. Considering the earlier orders, in our opinion, a copy of the Structural Audit Report of the VJTI is required to be furnished to the parties. We are informed that the Society has already received a copy of the said report issued by the Designated officer of the MHADA. Whoever intends to receive a copy of the report, the same be obtained either from the Society or the Designated Officer of MHADA.
2. As there is some apprehension on the part of the tenants/Society in regard to the civil works/structural condition of the building, learned counsel for MHADA states that an affidavit supported with appropriate material and certification by the structural auditors that the construction as undertaken, in respect of all the tenements is structurally sound and safe and of the requisite quality and that the tenements can be occupied by the allottees, shall be placed on record by 20 August 2025. A copy of the same be furnished to the learned advocate for the parties/or the parties.
3. Ms. Jagtap has contended that as the tenements are already allotted and the building is ready to be occupied, the MHADA is not inclined to continue to pay transit rent. She also submits that in the fact circumstances, the tenants cannot delay occupying their illegal tenements.
4. We are of the opinion that in the event the construction is complete and it is well-habitable and as proposed to be certified on behalf of MHADA and if so placed on record on affidavit, we do not find that in such event, there should be any resistance on the part of the tenants to occupy their respective tenements and in that event they would not be entitled to any further rent. A situation also cannot be countenanced that on one hand when the construction is complete, the same is not being occupied and at the same time, the rent is being paid by the MHADA, which is a burden on the public exchequer.
5. In this view of the matter, we propose to pass further orders after the affidavit on behalf of MHADA, as directed hereinabove, comes on record and after hearing the learned counsel for the parties on such affidavit.
6. We permit the Society to place on record the minutes of the joint meeting which was held on 15 July 2025.
7. At this stage, we also permit the selected representatives of the tenants society, which ought not to be more than 5 to visit the premises along with the representatives of the MHADA for the purpose of inspection. We permit the petitioners to include the visit of the structural auditor, however, at this stage, we do not permit any tests to be undertaken by the third party structural auditor, so as to prepare any Structural Audit Report.
8. A copy of the report of VJTI as tendered by Ms. Jagtap is taken on record.
9. Affidavit on behalf of MHADA be served on all the parties well in advance. Similarly, for the affidavit which would be filed on behalf of the Society also be served well in advance on the advocate for MHADA and on the parties.
10. Stand over to 21 August 2025 (H.O.B.).
