MUMBAI: The Bombay High Court has rejected a request from 52 tenants of a demolished building in Ghatkopar (W) to include a new developer in their redevelopment petition, imposing a cost of Rs 5 lakh on them.
In their ruling on Wednesday, Justices Ajey Gadkari and Kamal Khata observed, “It prima facie appears that the current application is moved and financed by the proposed respondent (developer) to establish an unenforceable right against the landlords and original developer.”
In February 2024, the tenants had urged the HC to speed up the redevelopment of Kamla Bhuvan, a dilapidated structure on LBS Marg, which was torn down by BMC in April 2018. In 2025, they sought to add BS Lifespace as a new developer in the ongoing petition.
Their attorney, Deepak Thakare, expressed concern over the project’s delays, fearing that the landlords might fail to provide permanent alternative housing. He noted that the landlords had presented Lifespace and that the company was significantly involved in the redevelopment process.
Conversely, Uday Warunjikar, the landlords’ counsel, contended that there was no agreement with Lifespace and that the original developers were still engaged with the project. He characterized the tenants’ application as a “ruse” to coerce the landlords into negotiating with Lifespace, asserting that “tenants cannot use the court to indirectly pressure landlords.”
The judges remarked that the tenants “have no right to bring in the new developer,” who lacks a contractual relationship with the landlords in this case. They added that doing so would complicate matters further.
When questioned about a binding contract between Lifespace and the landlords, Thakare admitted there was none. The judges deemed the application “an abuse of the legal process,” describing it as a “coercive and extortionate tactic” indicating Lifespace’s attempt for a “backdoor entry” through a seemingly benign application.
Ultimately, despite being offered the chance to withdraw their application, the tenants chose to have the court make a determination. The judges ordered the payment of Rs 5 lakh to the Bar Council of Maharashtra and Goa’s Advocate Academy and Research Center within two weeks.
