Mumbai, Jan 12: Alarmed by a Supreme Court ruling that could tilt the balance sharply in favour of landlords on public properties, the Public Premises Tenants (WR) Association is weighing legal options to challenge the verdict, warning that it threatens the security of thousands of long-term tenants, particularly in south Mumbai.
Rent laws vs public premises law
The apex court, in its December 11, 2025 judgment, held that the Public Premises (Eviction of Unauthorised Occupants) Act (PP Act) would prevail over rent control laws, including the Maharashtra Rent Control Act (MRCA). Tenant groups fear this would allow eviction through a mere notice, bypassing the protective framework of rent legislation.
Concerns raised by legal experts
The implications of the ruling were discussed at a meeting at the Indian Merchants’ Chamber on Monday, addressed by senior advocates Karim Vakil, Viren Asar and Rajan Jayakar.
While the judgment is seen by some as curbing false ownership claims by long-term occupants and strengthening landlords’ rights, the speakers said it could erode statutory tenant protections.
“If the PP Act is looked at in public interest, then even the Maharashtra Rent Control Act has to be looked at in the public interest,” Vakil said, describing the verdict as “a disappointment”.
However, the senior advocate said that there is some hope through further legal recourse. Highlighting Section 4 of the PP Act, he said a tenant could be evicted merely by serving a notice, unlike under the MRCA, which safeguards tenancy.
He emphasised that an appeal should be made before the apex court and pointed out that “certain aspects were not considered”. This can be done in the form of a review petition or a curative petition.
‘Draconian impact’ feared
Asar called the MRCA a welfare law that protects genuine tenants and regulates rents, whereas the PP Act is meant to deal with unauthorised occupants.
“December’s judgment, I think, they have missed this point entirely,” he said. Referring to paragraph 13.9 of the verdict, which holds that termination of tenancy by notice renders the occupation unauthorised, Asar said, “A mere notice can’t be rendering me unauthorised. It can’t be black and white.” He warned that the ruling gives “sharper teeth to an already draconian” law.
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Call for government intervention
Jayakar said the judgment, based on earlier precedents, could have severe human consequences. “If a tenant is thrown out, they are virtually on the streets,” he said, adding that while the PP Act permits eviction on any ground, those grounds must be those recognised by the statute.
He urged tenants to approach the government to ensure existing central guidelines protecting tenants are followed and converted into binding law through amendments.
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