Mumbai: The Bombay High Court has pulled up two housing society members for trying to block demolition of their dilapidated buildings, calling their review petitions a “gross abuse of process of law” and imposing exemplary costs of Rs 25,000 each.
Court Dismisses Review Petitions
A bench of Justices Girish Kulkarni and Manjusha Deshpande, on September 9, dismissed review pleas filed by Krishna Babu Tupe against Pushpanjali Co-op Housing Society, and by Neeta Darge against Deepanjali Co-op Housing Society in Borivali.
The petitions sought to reopen the court’s August 21 order directing members to vacate their flats so the municipal corporation could demolish the unsafe structures.
Earlier Directions to Vacate
In the earlier order, the court had directed all occupants to vacate within two weeks, furnish undertakings, and cooperate with demolition. The corporation was permitted to proceed with police protection if required, and redevelopment rights were left to be decided later. Most members had already vacated, except the review petitioners.
Judges Criticise Fresh Litigation
The judges criticised the fresh litigation. “At the outset, we need to observe that these review petitions are gross abuse of process of law,” the bench observed, noting that the petitioners had engaged new lawyers to raise fresh grounds not argued earlier — a practice the Supreme Court has “deprecated.”
The court also found Darge’s plea untenable since she had already given an undertaking to vacate on August 26, which was even communicated to the municipal corporation. “We failed to understand… how this review petition can at all be maintained,” the bench remarked.
Arguments on Building Condition Rejected
The petitioners argued the buildings were in sound condition and ought to be classified as C2B (where only major structural repairs are required) rather than dangerous. This was rejected outright.
“It is not open for the review petitioners to take a decision which would be contrary to the interest of majority members of the society,” the court said, adding that such issues had already been decided.
Court Extends Time with Conditions
The bench further rapped the petitioners for writing directly to the municipal corporation to defer demolition without any court order. “To take a position contrary to the order dated 21 August, 2025… was quite an adventurous and unwarranted attempt,” the judges said.
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While declining to grant them one more week, the court extended time until September 15 to vacate, subject to filing undertakings. Failing that, the civic body was free to carry out demolition with police aid.
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