LI Network
Published on: February 3, 2024 at 10:15 IST
In a recent case under the Maharashtra Rent Control Act, the Supreme Court highlighted that eviction of a tenant cannot be automatically ordered based solely on a demolition notice issued by the Municipal Authority.
The Court stressed the need to assess the “immediate urgency” for demolition before granting eviction.
This observation arose in relation to Section 16(1)(k) of the Act, which addresses the need for premises due to demolition ordered by a municipal authority or competent authority.
In the case at hand, the landlord sought the tenant’s eviction citing a demolition order issued by the Municipal Authority. While the trial court and appellate court granted the eviction, the High Court dismissed the petition. Dissatisfied, the landlord appealed to the Supreme Court.
The landlord argued that once a demolition order is issued, the Court should defer to it. However, the bench, comprising Justices Aniruddha Bose and Bela Trivedi, emphasized the Court’s duty to assess the immediacy of demolition.
The bench referenced previous judgments, stating that the Court must not blindly rely on the municipal authority’s report but should independently assess the degree of immediate urgency.
Additionally, the Court distinguished between clauses (i) and (k) of Section 16(1), highlighting that clause (k) grants the Court jurisdiction to determine the level of immediate urgency.
Regarding the landlord’s claim of needing the property for personal use under Section 16(1)(g), the Supreme Court upheld the High Court’s decision.
It noted that neither the trial court nor the appellate court adequately assessed whether other reasonable accommodation was available to the landlord.
The Court affirmed the principle of “comparative hardship” and stated that satisfaction under Section 16(2) requires considering all circumstances, including the availability of alternative accommodation.
In conclusion, the Supreme Court emphasized the need for a thorough examination of immediate urgency before ordering tenant eviction under the Maharashtra Rent Control Act.