Respected sir/madam , I have filed a suit against tenant in mumbai small causes court for bonafied requirements and addition and alterations ground .(1) All addition and alterations done without bmc permission and no noc issued by landlord(2) u/s 128 court allowed me to go inside the room with along with photographer and architect. (3) i have produced architect report and photographs to court(4) since courts are not working on regular bases due to pandemic. (5) can i file a complaint in BMC encroachment site to issue notice u/s 351 to demolish the addition and alterations done by tenant. I have also submitted original floor position plan to court.(6) his brother who is not a tenant is filling false complaints against me (7) can i file a complaint in police against his brother
You can file complaint against tenant with BMC for carrying our unauthorised alterations
2) enclose copy of original floor plans
3) photos of alterations made together with architect report
4) you can file complaint against his brother for harassing you
If you feel its so urgent to take action against them, then simultaneously you can raise complaint in the BMC in the structural audit engineer. who will provide the changes are done and issue order to demolish internal work produce without permission of BMC.
If his brother is not party in this regards then you can file complaint against him if he is torturing or harassing you unnecessarily.
1. Yes. Against any unauthorised construction of permanent structure you can lodge complaint in local Municipality .
2. Check the building Rules to find whether his action falls within illegal construction .
3. Construction without written permission of landlord is a ground for eviction of tenant.
So di accordingly.
Yes you can do the aforesaid.
Dear Sir,
First of all, you are suggested to file the police complaint against his brother and also complaint to BMC as told by you.
You can take legal action against his brother who is torturing and troubling you
You cannot approach BMC while the case is pending before court at this stage.
You may have to wait for the courts to reopen for normal functioning.
BmC can proceed with demolition of illegal construction done without permission.
Borther can live with tenant. But if he is troubling you than can complain against him.
Dear Client,
You may take the grounds as per the rent agreement. You send the Legal Notice for Eviction on the basis of the rent agreement. Urgent Cases are allowed during the lockdown.
Yes that application may be given and an application to do the needful ie demolish the extension may be filed.
File a complaint against him for criminal intimidation and threats.
- As per law , an tenant cannot do any alternation and addition without the consent and written approval of landlord , otherwise , it is a ground for eviction .
- Further you can also lodge a complaint against the said tenant with the BMC as well , otherwise being the landlord you will be responsible for the said encroachment .
- Yes, if his brother is creating problem , then you can also lodge a compliant with the police , and also against the said tenant for making alteration in the tenanted premises.
The answer to questions 1 to 7 are affirmative.
All courts of Law Family, District, Sessions, Civil ,Small causes Court and Magistrate Court have started working from 11th September 2020 as per the direction of The Cheif Justice Mr. Dipankar Dutta of Bombay High Court through Registrar Inspection Mr. Surana directing that all Courts and presiding officer would start sitting in Court and would carry out day to day hearings as per their convenient and SOP direction of Bombay High Court.
You may contact Police and file Criminal charges against you tenants for violations of MMC Act under section 342, 345,351 and 354 A of the Act 1888.
1. Since the matter is Sub-Judice in Court, the BMC will not act on the same based on the Architect's report. For removal or demolition of illegal & unauthorized portions, court order will be required.
2. Yes. You are entitled to file Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Threatening, Fraud, Breach of Trust, Mischief etc.... (as the case maybe) against the person, supported with all relevant supporting Documents, Evidences & Witnesses.
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.
Yes you can file a complaint against his brother.
Yes BMC complaint can be filed.
Sir, i will have to make application to court before filling complaints in BMC to issue notice u/s 351 for demolition of illegal additions and alterations . Can BMC ask for court orders before taking action
BMC would not ask for court orders before taking action against unauthorised construction
As you have already approached court in this regard, the BMC will not interfere neither it will entertain your application.
You may have to bring orders from court in this regard
Why BMC will ask court order, if your tenant had take injunction than BMC can ask for court order otherwise not.
No need of Court order for demolition, simply make a complaint to BMC for violations under section 351 MMC Act 1888. After serving notice by MCGM they would take care of demolition.
- You have a very genuine case in your support , i.e. if you will lodge a complaint before BMC , that the said tenant has done alteration and encroachment without getting the consent of landlord and approval of competent authority , and further you are not responsible for the said illegal acts of the tenant
- Hence the BMC being a competent authority is free to take legal actions against the said tenant , and to demolish the illegal structure after issuing a notice u/s. 351.
- Further , if BMC will not take legal action , then you can also call the official of the BMC before the court as well.
The suit for eviction is different from complaint for demolition. You can ask the BMC to demolish the illegal construction.
You can file a writ petition for direction of removal of unauthorirlzed alteration or you can file complaint before municipality.
Yes u can file.. Dun get delay yourself
No neither require. BmC has their job to do. And if effected, let the tenant approch court by filing separate case to obtain stay on BMC proceeding.
Dear Sir/Madam,
It is suggested that you first do your action and don't anticipate many things for sure. First you file the application to BMC and later will be seen as to what BMC asks.
Yes BMC may ask for court orders
1. No you cannot make any other complaint till pendency of suit before court for same cause of action.
2. Yes you can lodge FIR against brother of tenant.
Bmc doesn't need courts order to do the same they can perform their function as per their Act