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Granting relief to the owner of a 4-bedroom flat in Western Suburbs, who was confined to two bedrooms while the other two became a depository for a tenant who left his furniture, the Bombay High Court recently appointed a receiver to take inventory, assess the goods and request his report.
Noting that the petition depicted a “quite unusual case,” the court informed the former tenant that if the two rooms were not emptied of his property by July 25, the court custodian would be required to sell and dispose of his property. property through public auction or private sale at the best available price.
On July 11, the bench consisting of Judge Gautam S Patel and Justice Neela K Gokhale was hearing an appeal from a man who owns a 4-bedroom flat in Goregaon (West), which has been granted leave and respondent licence.
When the tenant to whom the petitioner rents his apartment stops paying rent, contact the appropriate authority to recover the apartment and unpaid rent benefits. Konkan Division Authority in April 2018 issued an order directing the tenant to surrender vacant possession, pay rent arrears up to June 2017, and double the monthly license fee in June 2017 onwards, until the vacant flat is handed over to the petitioner.
The High Commissioner’s Committee said that the petitioner’s counsel, Mayur Kandiparkar, was “right in saying that the former licensee should be given credit for sheer innovation in what he did next”.
However, the petitioner, upon taking possession of the apartment, found that the apartment was empty but still full of furniture. The petitioner, who had no other choice, was forced to store his belongings in two rooms. The petitioner said that although he owned a 4-bedroom flat, he was restricted to two bedrooms while the other two became a “warehouse” for the tenant’s goods.
The petitioner then moved the relevant authority asking for his flat to be vacant. However, the authority rejected his petition in January 2020, saying that if it was not a court, it could not do so. “In other words, the authority said it was unable to fully carry out its orders,” the council noted. The petitioner’s request for review in April 2021 was also denied.
Justice Patel observed, “Vacancy means empty. This is what the competent authority must guarantee. The order of the authority remains unexecuted.”
“Since these authorities have not done what the law has mandated them to do, it falls to us to do so. But we will have to proceed in a measured manner to ensure all transparency,” the council said while granting relief to the petitioner.
She will hear about it next on July 27.
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