Latest news with #MaharashtraRentControlAct
Mint
3 days ago
- Business
- Mint
What is a green lease? A guide for Mumbai tenants and landlords
I am a 29-year-old IT professional looking to rent a home in Mumbai from a 55-year-old. What is a green lease and what are its key clauses, legal obligations and how can the tenant and landlord align with those regulations? -Name withheld on request A green lease is a rental agreement that includes clauses aimed at reducing a property's environmental footprint through sustainable practices. These leases promote energy efficiency, water conservation, and responsible waste management. In Mumbai, where environmental concerns and regulatory oversight are increasing, green leases are gaining relevance, especially in newer housing developments. Green leases typically feature provisions encouraging both landlord and tenant to adopt eco-friendly practices. Some common clauses include: Energy Efficiency: Use of LED lighting, energy-efficient appliances, and switching off unused devices to reduce electricity consumption. Water Conservation: Installation and maintenance of water-saving fixtures such as low-flow taps and dual-flush toilets. Waste Management: Obligations for tenants to segregate and recycle waste, with landlords responsible for providing adequate facilities. Sustainable Materials: Use of eco-friendly or recycled materials for repairs, upgrades, or renovations. Collaborative Governance: Establishing an environmental management plan or committee to ensure both parties work together on sustainability goals. Service Charge Adjustments: Allowing for eco-friendly upgrades (e.g., solar panels) to be covered through service charges, if mutually agreed upon. While India doesn't mandate green leases specifically, such agreements must comply with the Maharashtra Rent Control Act, 1999, which governs rental arrangements, including the need for written and registered agreements. In addition, landlords and tenants must adhere to: Energy Conservation Building Code (ECBC) standards for energy efficiency, especially in newer buildings. Municipal rules, such as those enforced by the Brihanmumbai Municipal Corporation (BMC), which mandate waste segregation at source and proper disposal practices. Failure to comply with these obligations—especially if spelled out in the lease—could constitute a breach of contract. To ensure alignment with green goals and legal requirements, both parties—Mr. A (the tenant) and Mr. B (the landlord)—should: Clearly define responsibilities in the lease, such as recycling practices or limits on energy usage. Register the lease in accordance with the Maharashtra Rent Control Act for legal validity. Consult a legal advisor to ensure the lease complies with ECBC norms and BMC guidelines. Discuss cost-sharing arrangements for eco-friendly upgrades to avoid disputes during the tenancy. By setting clear expectations and cooperating on sustainability goals, both tenant and landlord can contribute to a greener, more efficient living environment. Aditya Chopra, managing partner, and Moxy Shah, associate, The VictoriamLegalis(TVL)
Hindustan Times
30-06-2025
- Business
- Hindustan Times
HC slaps ₹2 lakh fine on eight tenants, says they can't oppose redevelopment of building
MUMBAI: The Bombay high court on Friday dismissed a petition filed by eight tenants who tried to stall the redevelopment of a dangerously dilapidated building in Malad West. The court fined them ₹ 2 lakh each and reiterated that the property owner has the right to get his building redeveloped and tenants cannot oppose such a demolition. The Krishna Baug building near Malad Railway station was demolished two years ago. (Raju Shinde / HT Photo) The eight tenants had opposed their eviction and the demolition of the 100-year-old Krishna Baug Building No.1 which had been classified by the Brihanmumbai Municipal Corporation (BMC) as a C1 category building, extremely dangerous and unfit for habitation. In 2020 the BMC had issued a notice for the building's immediate demolition. A division-bench of justices Ajey Gadkari and Kamal Khata heard two separate pleas, one by the tenants of commercial premises filed in 2023, challenging the BMC's demolition notice and questioning the C1 category, and another by building owners asking for the demolitions to be enforced, instead of being stalled by tenants. Tenants wanted the building to be reclassified from the C1 category to the C2-B category which suggests repairs and renovations. They said that repair work had already been completed, the ground floor of the building was no longer dangerous, and there was no need for evicting them anymore. The court called this as an 'obstructionist approach intended to hinder the landlord's efforts toward redevelopment' and made it illegal for tenants to obstruct demolitions. The court added that the rights of tenants are safeguarded by the Maharashtra Rent Control Act, 1999 and the BMC Act. The court said that as per section 17 (tenants rights in matters of redevelopment) of the Rent Control Act, and section 499 (regarding repair work) and 354 (removal of structures) of the BMC Act, tenants had the right to oppose the 'reconstruction' of the building, but not the 'redevelopment' of it. In real estate, reconstruction refers to rebuilding a structure without any change, and redevelopment involves demolishing the structure and building a new one with a different design and layout. While asking the tenants to pay the fine, the court said that they had been focused only on extending their stay in the building without taking into consideration other residents of the building.
Indian Express
29-05-2025
- Politics
- Indian Express
Centre clears elevation of Justice Atul S Chandurkar of Bombay HC as Supreme Court judge
The Centre Thursday notified the elevation of Justice Atul Sharachchandra Chandurkar of the Bombay High Court as a judge of the Supreme Court. Justice Chandurkar will serve his tenure as a Supreme Court judge until April 6, 2030, when he will reach the retirement age of 65. This came after the Supreme Court Collegium led by Chief Justice of India (CJI) Bhushan R Gavai on May 26 recommended the appointment of Justice Chandurkar, present seniormost puisne judge of the Bombay High Court, along with that of Chief Justices of Karnataka and Gauhati High Courts, N V Anjaria and Vijay Bishnoi, respectively. The Collegium made the recommendation two days after Justice Abhay S Oka of the Supreme Court, who belonged to the Bombay HC, retired on May 24. Justice Chandurkar will supersede the Chief Justices of Kerala and Madras High Courts, Nitin Jamdar and K R Shriram, respectively, both belonging to the Bombay High Court. While Justice Jamdar was appointed as Bombay HC judge on January 23, 2012, Justice Shriram became HC judge on June 21, 2013, the same day as Justice Chandurkar. However, Justice Shriram was administered oath before Justice Chandurkar on the said day and featured ahead of him on the seniority list. Born on April 7, 1965, Justice Chandurkar completed his schooling at St Vincent's High School in Pune. After graduating from Ness Wadia College, Pune, he obtained a law degree from ILS Law College, Pune. Thereafter, he started practising as an advocate on July 21, 1988 and worked in the chambers of senior advocate B N Naik, who later became the judge of the HC. Justice Chandurkar shifted to Nagpur in 1992 and practised before various courts and also authored two books on the Maharashtra Municipal Council Nagar Panchayats and Industrial Townships Act, 1965, and the Maharashtra Rent Control Act, 1999. He was elevated as an additional judge of the Bombay HC in June 2013. He also served as an administrative judge (seniormost) at the Nagpur bench of the Bombay HC. In June 2024, a Justice Chandurkar-led division bench of the Bombay HC dismissed a plea by nine students of a college in Chembur challenging the dress code that banned hijabs, among other religious identifiers. The judge held that instructions issued by the college did not suffer from infirmity to violate fundamental rights to freedom of expression and of practising religion. In September 2024, Justice Chandurkar gave a deciding opinion after the split verdict on pleas challenging amended IT rules that empower the government to identify 'fake news' on social media platforms through a Fact Check Unit (FCU). Justice Chandurkar agreed with the opinion of Justice Gautam S Patel, who was part of the division bench that delivered the split verdict and struck down the amended rules as 'unconstitutional' and violative of Articles 14 and 19 (1) (a) and 19 (1) (g) of the Constitution. In October 2024, a bench presided over by Justice Chandurkar stayed the Maharashtra government's decision to take back over 116 acres of prime land parcel in the Charkop area in Kandivali (West) allotted for industrial purposes. In March this year, a Justice Chandurkar-led bench dismissed a plea by a Dalit PhD student challenging his suspension by the Tata Institute of Social Science (TISS) over 'repetitive misconduct and anti-national activities'. Earlier this month, Justice Chandurkar sought to know from the Maharashtra government when heritage status would be granted to the residence of Hindutva ideologue VD Savarkar, Savarkar Sadan, situated at Shivaji Park area of Central Mumbai and ordered that till June 13, the status of the property should not be changed.
