Sir /madam, my mother purchased a building in dadar in 1988. Along with the plot.(1)she was unaware of the law she did not got lease deed from bmc transferred in his name(2) in the year 2002 i applied to bmc to put my mother's name on lease deed which was given in perpetual by bmc to the original landlord of building (3) bmc asked me to pay legal fees/transfer fess/late intimations to bmc fees total of Rs 33000/ which i paid to them and they issued receipt for the same (4) since few years passed there was no communication from them so again i requested them to look into the matter and bring my mothers name on lease deed. After which they sent me a notice of breaches amounting to Rs 250000/- SINCE OUR TIME OF PURCHASE OF building is in same position we have not done any addition and alterations in it.since 1988 we are been assessed for the same .we Have been paying all assessment and repair cess for room on 4th floor and attached garages which is been in assessments record.(5) in 2018 due to leakage from terrace we had put an galvanised metal sheets and covered terrace for which i had infromed Bmc office and furnished them with indemnity bond and affidavit for the same i had paid rs300 to bmc office for which they issued receipt for the same (6) i again requested bmc office for change of name on lease deed (7) now they have sent me a notice of Rs 1500000/- plus another Rs 1500000/- security deposit totally of Rs 3000000/- (THIRTY LAKHS). NOW THEY SAY terrace room and garage are illegal (8) i was not having original plans of the property so i filed an RTI asking for all copys of building plan they replied that plans are not traceable to the office. I furthermore requested them to give all paper's available with them they gave me all file details FROM WHICH I CAME TO KNOW THAT ORIGINAL LANDLORD HAD ASKED FOR CERTIFIED PLANS COPY BUT IN YEAR 1974 they replied to him that all plans are eaten by white ants.(9)during time of our purchase original landlord gave us some plans which were in possession which he received from his architect in 1959(10) now i am been served with a notice u/s 351 to give documentary eveidence that room on 4th floor and garage are legal (11) i have assessment tax summary since 1988 (12) building was first assesment from 1961 (13) in 2008 all my documents are lost for which i have filled a police complaint Kindly advice what should I do. I am very nervous that they will come for demolition. What can i do in this matter. I have been assessed for all which now they have shown as illegal structure since 1988 i have been paying repair cess also .what more documentary evidence should i produce before them .they are not showing original plan to me as asked in RTI BY ME.. i dont have Rs 3000000/- to pay
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Lawyers are available now to answer your questions.
You need copy of sanctioned plans to prove that construction has been carried on as per sanctioned plans
2) that terrace room and garage is not illegal
3) in your reply to notice take the plea that no illegal construction has been carried on
4) that Application was made for certified plans but was informed that it had been eaten by white ants
5) that assessment has been made of terrace room by BMC
Challenge the notice before High court to obtain stay on notice and issue of lease deed in mother name. You have already paid the fees with penalty and when they don`t have original plans than from where they have confirmed terrace room and garage were not in original pals and are illegal ?
You have a good case and don't be afraid on this BMC case.
Your initial application for transfer in name of your mother in 2002 is your saviour. The subsequent payment of fees is further advantages.
Therefore file a writ petition immediately in high court seeking quashment of these notices.
Engage an advocate who is well versed with Municipality matters.
You should challenge their order before the competent court and seek permanent injunction.
Regards
you need immediately move for the stay order in civil court to stop the demolition.Later other steps can be taken
Firstly just because you pay assessment tax and repair cess for the structures does not mean that they become legal
Property tax is also payable for illegal structures
Thus merely paying taxes does not mean that the structures become legal
The BMC has issued you notice to show documentary evidence showing that the structures are legal
You need to reply to this notice by saying that because of the inaction of BMC itself you are not able to produce the documents and plans as required since its BMC's own case that the plans were eaten by white ants and that they dont have any records
So if the authority itself does not have the original plans then if the owner has himself applied for certified copy of plans, how can the BMC expect the owner to produce the plans
Thus the notice itself is bad in law and the demand of 30 lacs is illegal
Sir /madam (1) i had filed 3 RTI ATBmc head office ,wadala bmc office and local bmc office but all replied file is not available with them is there any other office were this file can be traced .one bmc officer told me that there might have building plans on some CD for that should i file a new RTI. (2) If in case we have to go to court how much approximately whould be court fees . (3) will court pass order for payment of Rs thirty lakhs immediately (4) some news paper article says BMC is allowing permanent monsoon shed on terrace (5) can court direct BMC to transfer lease deed in my mother's name. As conveyance of property is done way back in 1988 we have submitted copy of lease deed and aggrement BMC LEGAL DEPARTMENT has also given their NOC that name of my mother can be bought on lease deed .i have paid legal advice fees for the same to bmc. (6) As due to Covid 19 courts are also not functioning fully how will i get stay order over the notice. I am really very tensed and afraid due to this.
You first consult a local lawyer and issue a suitable reply notice denying their allegations.
You have all the proofs for the payments made so far and also since there are no records to prove the plans approved by the local civic body, you may fight it out on that basis also.
You should file an injunction suit immediately to restrain the local civic body from proceeding with their intention to demolish the building for any reason and in the same suit you can also seek direction to the authorities to enter your mother's name in the lease deed on the support of the documentary evidences on her name right from the beginning.
The court fee and the lawyer's fee shall be intimated by the lawyer who you may be engaging.
The orders will not be passed by court immediately without hearing both the sides.
You can fight against the BMC strongly on the basis of the documentary evidences in your possession.
You first contact an advocate in the local and proceed as suggested.
Legal fees vary depending upon lawyer engaged by you
2) court can grant you time for making payment
3) temporary shed during monsoon is permissible
4) court can direct BMC to transfer lease in mother name
5) you must reply to notice
City Civil and Sessions Court are working for urgent matters.
You have to appoint an Advocate who may prepare plaint,Affidavit in support of suit ,suit for temporary injunction against notice of MCGM under section 351 MMC Act .
You have to move fast and take stay order within a week .
You have good case for stay.
fees depend on lawyer to lawyer. you can contact me on 9w7u6h9h4n9i0j9k1k1 for the necessary assistance.
court may give you the stay dont delay it till demolition as court will not assist you after that.
yes it can direct to pass necessary orders in other issues once you seek stay.
I can file the application for stay and try to get the same in covid too.
1. You are not required to file multiple RTIs. When rti is filed it is the duty of the BMC to forward that application to the correct authority within 5 days of receipt of the application
2. In this case you can file a writ petition for which court fees is only Rs 250. However you will have to bear the professional fee of a lawyer if you engage one for drafting the petition and appearing in court on your behalf
3. You can challenge the demand notice for payment of 30 lacs in the proposed writ petition
4. Dont rely on newspaper articles.
5. If the deed of assignment is made and the BMC's own legal department has opined that mutation can be done, then BMC is required to do that. If it doesn't then you can seek an order from court in the petition to be filed
6. Courts are working and you can file your petition digitally and hearing will be through video conference
Keep those reply, on the basis of them, court may grant stay on notice.
Fees will decide with advocate, no court fees.
Court may grant stay on notice and no payment if case succeed.
Yes court may direct to transfer less deed.
Your case is of urgent nature. Court will hear it.
immediately challenge their order before court and seek permanent injunction under sections 38 to 42 of The Specific Relief Act, 1963.
Please ask your lawyer to file urgent filing if it is allowed over there, else you have to wait.
regards
1. You should file writ petition against BMC in High court for entering name of your mother as lease holder because you have already paid all the fees demanded by BMC.
2. Also pray for quashing of notice Under section 351 And waiver of charges put by them for illegal construction for which they didn't have any proof of approved plan
