Bombay HC imposes Rs 5 lakh fine on man for stalling housing redevelopment project

Bombay High Court on Friday imposed a fine of Rs 5 lakhs on a housing society member for stalling a redevelopment project.

The Bombay High Court on Friday imposed a fine of Rs 5 lakhs on a housing society member for stalling a redevelopment project. The member, Ramniklal Gutka had refused to vacate his tenement.

A petition was filed by a developer against Ramniklal for halting the redevelopment project. According to the Brihanmumbai Municipal Corporation the building is in a dilapidated condition. The developer stated that he also obtained the relevant permissions for the construction of the building.

Justice GS Kulkarni while hearing the petition said that such situations need to be dealt with strictly because it affects the commercial interests of the parties involved who will take legal action if aggrieved.

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Justice Kulkarni said that Ramniklal was taking “an absolutely adamant and unfair view” by not vacating his flat and adding to the escalating cost of the project. “It is not the case that Ramniklal is being denied his legitimate entitlement as the members under the development project will receive monetary compensation,” Kulkarni added. The court ordered Ramniklal Gutka to vacate his licensed premises within two weeks, failing which the high court receiver will take forcible possession. The court also deemed it fit to impose costs on him to discourage such behaviour in the future. The court ordered Ramniklal to pay Rs 5 lakhs to the society within a period of 10 days from May 5.

The cost was imposed on Ramniklal for two reasons. The first is for advancing a frivolous case and the second is for consuming the court’s valuable time.

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