• Vacating the BMC tenants

I am from mumbai. our area is under cluster redevelopment. The builder has paid the 5% LOI amount and pressuring the tenants to vacate the houses and shift to Transit or on rental basis. Do we have to get the NOC from BMC to shift prior to IOD ? He has started demolishing the houses who had vacated.
Asked 4 years ago in Property Law
Religion: Christian

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10 Answers

The high court in a recent order asked the civic body not to issue commence certificate (CC) for redevelopment of the dilapidated structures in the absence of an agreement between landlords and tenants over providing permanent alternative accommodation to the latter.

The court gave the order as part of guidelines in connection with buildings which fall under C1 category (ones which need to be evacuated immediately in view of demolition) structures — both private and BMC-owned.

The order also applies to structures which have been served notice under section 354 of Mumbai Municipal Corporation (MMC) Act, 1888. The guideline was issued after the BMC approached the high court seeking directives in view of the difficulties faced byit in implementation of notices served under the aforesaid section, given the absenceof specific provisions in the MMC Act for eviction of occupants from the dilapidated buildings.

According to the order, in case privately-owned dangerous buildings are demolished by the corporation in exercise of power under section 354 (read with the order passed), then the BMC shall, while granting sanction of redevelopment, impose a condition in intimation of disapproval (IOD) that no CC will be issued under section 45 of the MRTP Act, 1966 unless and until there is an agreement, either providing a permanent alternative accommodation in a newly-constructed building or a settlement is arrived at by and between the tenants/occupants and the landlord in respect of the said demolished premises is filed with the corporation.

"This guideline will help bring in transparency in the process of redevelopment of shaky structures. The court has also asked BMC to prepare a list of dangerous buildings and also measure the carpet area of their houses. This will help stop cheating of residents/occupants once the project is redeveloped,

2)insist on agreement with landlord for permanent alternative accommodation then only vacate premises

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1. Unless and until there is agreement between the tenants and the developer do not reply upon his verbal commitment.

2. After rebuilding the premises if he refuses to handover the tenanted portion it will be long road to get back your rights.

3. So if the builder does not agree on making the agreement file a suit for declaration in the civil court and seek injunction on further contractions so your rights remains protected before you are lawfully evicted from the tenanted premises,

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. It is wrong /illegal to shift Tenants, before grant of IOD.

2. Further also to wrong to demolish before IOD. Consider that IOD may be refused by BMC, for some reason or other.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

NOC from BMC is generally not required

Get in touch with a local lawyer at the earliest and see if he can help you

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) it is in admissible in evidence

2) agreement should be duly stamped and registered

3) tenants can demand bank guarantee from from the builder

4) if managing committee is hand in glove with builder draw attention of MC to HC recent decision cited herein above

5) insist on registered agreement between builder and society

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1. It is a valid agreement, if the same is for 11 months or less.

2. yes

3. As and when the same is approved by the local authorities the same has to be registered with RERA

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

There should be MOU between three parties that BMC, all tenants and developers for the redevelopment.

a) In whose possession presently the property is and how much rent he will getting it after handing over the property to builder til completion of project and when the project is going to complete it time period.

Now answers on your questions

1) No its not valid, ger it registered redevelopment agreements. On all tenants bebalf redevelopment committee signed tbe project a committee is of 10 members.

2) court may recognize it but government must know the redevelopment is happening and there is time limitations to completions project.

3) Get Society membership completed it.

4) make complaint to registrar of CHS.

5) Get all plan sanction from BMC.

6) Than don't go against managing committee check all details properly and how to take possession of your property in future and rent think on that way.

7) Yes , Bank Guarantee is must.

8) Very first from before starting of the project.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Intimation of Disapproval is an important authorization given to the builder by the BMC to redevelop an existing structure.

An IOD is issued based to developer after the redevelopment plans are submitted to the Building Proposal Department of BMC , The developer needs to comply with many requirements obtain various clearances from Environment Authorities, Tree Authorities, Fire Officer etc. Only after the clearances are obtained, the developer gets a commencement certificate (CC)

All these clearances are necessary before getting the cc and after getting the IOD If the developer fails to get all these clearances the construction cannot commence However it is seen that the buildings are demolished on the basis of IOD even when major clearances are not obtained.

You can decide further course based on the prevailing circumstances.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. The development agreement may be notarised too, it will not lose its validity.

2. In case of a development agreement at the time of registration, the stamp duty is paid on the total amount of consideration i.e the monetary consideration. However, if court observes that the stamp duty to be paid to make the notarised agreement valid, then you can pay the deficit stamp duty accordingly.

6. You can make a reference in the form of complaint for this point as well as other observations mentioned in other points to the competent authorities.

7. The tenant can demand

8. At the time of commencement itself.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

He need to get the iod and all conditions of permanent alternate accomodation completed before issuing vacation notice. You can file for stay in vacation before appropriate court for the Same

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

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