• Property under C 1 categroy

The landlord want to demolish the property as per bmc act 354 under C 1 category. now bmc has given notice to all tenants to cut water connection and electricty. what is rule and rights for tenants for redeveoping the property under bmc act. we are ready to evict the property for redeveloping but he is not ready to give any alternate accomodation or rent. he is not ready to give time limit to furnish the property. what we shall do. he does want to follow the rule of rera. can yyou give us some suggestion or your opinion on this matter. thaniking you.
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

You should first take stay against sec 354 MMc notice from civil court which seems to be issued at thr instance of the landlord.

Amit Pai
Advocate, Mumbai
53 Answers
3 Consultations

4.4 on 5.0

Notice must have been issued under section 354 of BMC act as The said building is in very dangerious / dilapidated condition,

2)BMC would not issue permission for carrying on construction unless permanent alternative accommodation agreement is entered into between landlord , builders and the occupants / tenants

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

1) If the buildings are found to be highly dilapidated/dangerous C-1 category, to issue notice to tenants/occupants and provide one weeks time to vacate the said buildings.

2) If the buildings are not vacated within a period of one week, the Corporation may disconnect the essential supplies to the building i.e disconnect gas, electricity and water supply of the building.

3) In spite of the aforesaid, if the tenants/occupants refuse to vacate the building then mild police force may be applied for eviction.

4) After eviction the Corporation can demolish the building.

5) The eviction can be initiated in respect of private/state owned buildings. The Hon’ble Bombay high Court directed the Corporation/MHADA to provide alternative premises to the occupants in case the buildings are owned by Corporation/MHADA.

6) , the high Court directed the Corporation not to issue Commencement Certificates (C.C) in respect of buildings which are under the process of redevelopment and which have been demolished under Section 354 of MMC Act until there is an agreement between the Developer and the tenant/occupant of the premises under which the Developer agrees to provide a permanent accommodation in the newly constructed building or a settlement is reached between the Developer and tenant/occupant in respect of the demolished premises which has been furnished to the Corporation.

The Hon’ble Court also directed the Corporation to prepare a list of such C-1 category buildings and measure the carpet area of the premises situated in the building which will help to provide transparency in the process of redevelopment and prevent the irregularities committed by the Developers against the tenants/occupants in redevelopment of old and dilapidated buildings.

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

1) For redeveloping of the property you and owner should signed one MOU and another between you, owner and developer one MOU regarding project time, building materials, quality of the work etc you should registered this MOU and completion of work. All should done legally registered the redeveloping deed.

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

Do not leave the property unless and until there is a written agreement between the builder and the tenants containing necessary terms as regards your rights and developer's obligations including time line of completion of project.

If before doing so you are forced ti leave the premises then go to court and obtain order of injunction. Once restraint order on construction is passed you can see your interests to be protected by the same builder.

Devajyoti Barman
Advocate, Kolkata
22886 Answers
492 Consultations

5.0 on 5.0

File a suit under specific performance act and ask the court to order the land to perform his duties and fulfill your requirements

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

Dear Sir,

You may read the judgment

.Bombay High Court

345 vs 36 Vasu K. Shetty on 11 April, 2014

Bench: Anoop V. Mohta

5] The Respondent-Corporation's satisfaction, therefore, though based upon various material and/or information, yet some Respondents/tenants are obstructing and preventing the landlord / owner from developing the property. Their entitlement, even if any, as they sought to be contended being a tenant of the premises, is quite limited. There is no bar under any provision that the owner and/or landlord cannot develop such property.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

File a civil suit against him claiming relief

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

In such an event, if the builder is pressurizing to vacate and indulge in all such illegal activities, you may first file an injunction suit agaisnt him and seek an ad-interim injunction on the same line to restrain him from doing so till the disposal of main suit.

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

what is your suggestion

An injunction suit seeking to restrain the builder from illegally evicting you from the premises shall be the better option before you instead of approaching the municipal authorities or any other authority.

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

You may leave the property for some time with an assurance to come back when the completed.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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