You need to file a suit for mandatory injunction for providing you the flats as per redevelopment agreement and forceful vacation of building against the developer and the people who are staying illegally in the building.

To oust the unauthorised occupants of the building the owners of the property can alone take the measures and you being the tenant can not evict them.

Now to evict the illegal occupiers the owners can file a suit for ejectment of trespassers and recovery of possession. However do note that such suit does take time for which you need to keep patience.

Issue legal notice to builder/ / landlord  to deliver possession to tenants after obtaining OC 

2) if builder / landlord refuses to do so file suit obtain court orders to direct landlord/ builder to deliver possession of flats to you , obtain OC 

You can file a suit based on the redevelopment agreement and your possession over the property.

You can raise the issue by filing writ petition in high court

1. Since the property is in Mumbai, lodge a written complaint to the Vigilance Dept, BMC, for investigation and relevant prosecution, against the builder and the illegally occupied free-sale flat purchasers, for occupying the building without OC.

2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the builder , supported with all relevant supporting documents.

3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

1. has the builder obtained OC for the building?

2. if no OC is there and the buyers who bought the flats in the building in open market are residing there, then you will have to lodge a complaint with the BMC

3. Also the tenants will have to file a suit against the builder for not handing over possession of new flats to tenants

Approach court for direction and delivery of possession.

You may consult a local lawyer who is fully conversant about the laws relating to the re-development/tenanted property and go ahead as per his further advise, because without seeing the terms and conditions agreed between you both, it will be difficult to give opinion to your queries.

The Maharashtra government has announced a reconstruction and redevelopment policy for authorised tenanted buildings in Mumbai city and suburbs

Tenants who have occupied the place before June 13, 1996 are covered under this policy.

Each tenant will be given a carpet area occupied by him/her in the old building with the minimum area of 300 sq ft and maximum area up to 753 sq ft.

Developers will get 50 percent incentive floor space index (FSI) for redevelopment of the building.

The new policy has come as a big relief to the people living in the old tenanted buildings.

The above are the rights of the tenants.

Now you tell that who are those saleable people occupying the property illegally.

You tenants join together , form an association and initiate legal action agaisnt all those illegal occupiers of the building b y first issuing a legal notice and then filing an eviction suit if you are competent enough to file one or to initiate action through developer of landlord.

This is my response to you:

1. You can file a complaint with the court;

2. File a criminal case against the builder for cheating;

3. You will need to further provide details about your flat, building and the redevelopment process;

4. Consult a local lawyer and take steps.