NAGPUR: The Nagpur bench of the Bombay High Court recently ruled that tenants occupying illegally constructed buildings have no legal right to challenge demolition notices issued under Section 53 of the Maharashtra Regional and Town Planning (MRTP) Act, 1966. The court clarified that only property owners can contest such notices, rejecting a petition filed by tenants opposing the demolition of their premises.
A division bench of Chief Justice Alok Aradhe and Justice Avinash Gharote delivered the ruling while hearing a petition filed by two tenants residing on the first and second floors of a building located on Ghat Road, opposite Vijay Talkies in the city. The Nagpur Municipal Corporation (NMC) issued a demolition notice on January 22, 2025, citing unauthorized construction due to the absence of necessary building permissions.
“Section 53 of the MRTP Act does not enable the tenants in occupation of a building, which was illegally erected, to stay in the building,” the court stated. “The tenant’s/lessee’s right is only against his landlord, and he does not have any right qua the local body/municipal corporation to insist that he should continue to stay in the building which was illegally raised.”
The petitioners argued that the demolition notice was arbitrary and issued without providing them an opportunity to be heard. They contended that the tenants, as lawful occupiers, should have been allowed to present their case before the notice was issued.
However, the court rejected their argument, asserting that tenants have no legal standing to challenge demolition proceedings initiated against illegal constructions. The Planning Authority is empowered under Section 53 to direct the removal of unauthorized developments, including demolishing illegal structures if the owner or occupier fails to comply with restoration orders.
“The provisions of the MRTP Act do not confer any right on a tenant who is in occupation of the premises in a building which was illegally raised,” the judges noted. “A tenant in a structure does not have any locus to challenge the notice issued by the Authority under Section 53 of the MRTP Act.”
NMC counsel Jemini Kasat argued that only property owners could challenge demolition notices, as tenants had no legal claim over the structure. The court observed that the building owner had not come forward to assert that the construction was sanctioned by the NMC, further weakening the tenants’ case.
The bench referred to previous rulings, including Shaha Ratansi Khimji and Sons versus Kumbhar Sons Hotel (2014) and Anandrao Pawar versus Municipal Corporation of Greater Mumbai (2023), which established that demolition of illegal structures does not terminate the landlord-tenant relationship, but tenants cannot obstruct lawful municipal actions.
While disposing of the petition, the bench granted the petitioners liberty to seek other legal remedies concerning their tenancy rights. “In view of preceding analysis, it is held that the writ petition filed by the petitioners, who admittedly are tenants of the premises in question, is not maintainable,” the judges concluded.
