1) if there is stay granted by SC redevelopment cannot proceed till case Is disposed
2) seek expedited hearing from SC as building cannot be redeveloped till stay is vacated
Redevelopment of building of tenants having landlord under Pagari System in Mumbai.
Sir, We are 54 tenants of a chawl in Mahim, Mumbai having existing area of room 100 sq.ft. having a landlord under Pagari System. The landlord is having 2 rooms in tte bldg which are vacant. The bldg is under 'A' category. It is a cessed property which has been repaired 4 times by BH&AD Board. The landlord formed a Co-op;. Hsg. Soc of the tenants in 1993 and got it regd. for re-development with MHADA under 100 times rent payable Scheme of MHADA .However, the said scheme was challenged in Supreme Court by the landlords and the Supreme Court has given a stay. Meanwhile, MHADA had given consent for redevelopment before the ban and the tenants had deposited 30% of the amount. However, in between the landlord got disinterested in the scheme as he wanted to re-develop the property privately and assured the tenants. The tenants did not pursue with MHADA under the scheme. But, to the dismay of the tenants 25 years have passed since then, the landlords have been changed under the same family and are promising the tenants redevelopment and have obtained the consent of the tenants thrice but are not taking any positive steps. The landlords do not maintain the building. The tenants have approached MHADA but they maintain that since the matter is in Supreme Court who has given a stay they do not grant permission. The landlords are not re-developing for reasons best known to them. The tenants had recommended two/three builders to the landlords but landlords are not interested. In view of above, kindly guide us that tenants who have formed a Housing Soc which is duly regd. with Registrar of Society and is functional can go for re-development without the consent of the landlords.
Asked 5 years ago in Property Law
Religion: Other
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
6 Answers
Sir pending the stay in SC the land lord cannot be served a notice for redevelopment, so the best possible way to mention matter before the SC for the earliest disposal so that can the clearance can be granted and then the redevelopment can be proceeded with.
As the matter is subjudice in the supreme court so any redevelopment resolution by the society cannot be entertained by Mhada.
Tenants cannot force the landlord to submit his building for redevelopment
How do you expect the landlord to maintain the building with the quantum of rent that you pay?
In a city like Mumbai it is absolutely impossible for landlord to maintain the building with the meagre rents paid by tenants
Since building is under Mhada, it is mhada's duty to maintain the building or else stop charging repair cess from tenants
Tenants cannot hold the landlord at ransom and force him to submit his property for redevelopment
If you fear that the building will fall then you must surrender your tenancy to landlord against consideration
Also please note that under the MHAD act, 70% tenants can come together and make a representation to mhada for acquisition of the property for purpose of redevelopment and reconstruction
This is my response to you:
1. You will have to file a intervenors application in the supreme court;
2. You can then tell the court to either pass the order or request the landlord to continue with redevelopment;
3. Since the matter is pending in supreme court you cannot do much apart from intervening the same;
4. If it was not in supreme court then you could have gone to municipal corporation and filed a formal complaint;
5. Consult a local lawyer who practices in the Supreme Court and also the High Court as well.
There is a Bombay High Court Judgement that if majority of the Tenants agree then there is no harm in going for the Development.
Decision to redevelop a property is a collective decision of the majority members of the cooperative housing society and the dissenting minority members cannot question it, unless it is fraudulent and smacks of malafides, the Bombay high court said while paving the way for redevelopment of a dilapidated cooperative housing society building at Chembur.
The state legislative Assembly on Friday passed a bill to amend the Brihanmumbai Municipal Corporation (BMC) Act giving tenants of the dilapidated buildings power to redevelop or repair their tenaments, if the landlord, builder or the civic body has delayed it for more than a year.
The state government also decided to initiate an inquiry against the BMC officials responsible for delay in permitting redevelopment. The decision came after legislators alleged that the officers deliberately avoid granting permission to favour the builders.
You an gather all the like minded tenants and organise the movement for redevelopment on your own initiative without involving the landlord.
