The Bombay High Court has strongly criticized the practice of filing frivolous petitions to block redevelopment projects, describing it as the "cheapest method" to delay development. On November 12, a division bench of Justices A S Gadkari and Kamal Khata dismissed a petition filed by a 67-year-old man, Khimjibhai Harjivanbhai Patadia, who had refused to vacate an 83-year-old bungalow in Mumbai's Kandivali area, where he had been living as a tenant since 1995.

The court imposed a cost of Rs 5 lakh on Patadia, hoping that this would act as a deterrent against such "frivolous and mischievous" petitions. Patadia had claimed tenancy rights and alleged that the landlord was trying to evict him through "devious means." However, the court found that the petition was filed solely to obstruct the redevelopment of the property, which had already seen the other tenants vacate.

The court noted that the bungalow, 'Bubna bungalow,' was built in 1940 on a 4,400 square meter plot in a prime location of Mumbai, with significant monetary potential. The bench observed that Patadia, aware of the property's value, was attempting to create hurdles to prevent redevelopment. It emphasized that there was no justification for Patadia to deprive the landlord of the benefits of redeveloping the property.

The court also pointed out that such litigations often resemble a sophisticated form of extortion, as tenants use petitions to delay redevelopment projects without facing significant consequences. It described this practice as a "calculated gamble" for tenants, who file petitions at minimal cost with the hope of extracting better terms from landlords or developers.

In its ruling, the court stated that high-stakes cases require high deterrent costs to discourage such obstructionist behavior, warning that without such measures, the judicial process could be exploited by unscrupulous litigants for personal gain. The petition filed by Patadia challenged the Brihanmumbai Municipal Corporation's Technical Advisory Committee (TAC) decision, which had declared the bungalow as dilapidated and scheduled for demolition. Patadia had also requested the appointment of an independent structural auditor to assess the building's condition. The court observed that such petitions were often filed to delay the redevelopment of old or dilapidated buildings, driven by tenants seeking better monetary terms. It criticized the behavior as egregious, particularly when landlords are obligated to maintain buildings with criminal consequences for neglect. The delay caused by these petitions imposes a financial burden on landlords and developers, who are often pressured to concede to tenants' demands. The bench questioned why tenants would resist redevelopment if they were to be provided with better living conditions in a newly redeveloped building. It suggested that the motives behind such resistance were questionable and likely driven by factors beyond the apparent concern for the property’s condition. The court concluded that no court should become a tool for tenants to obstruct genuine redevelopment efforts, and expressed concern over the growing routine of such cases delaying redevelopment projects.