• Tenants v/s Landlord cum builder

We(the tenants) have been residing in Mumbai since birth, the place where we stay is a chawl. Its a paddi system.
Our Landlord is a builder also.
In 2006 the landlord cum builder has proposed us a plan of a building and most of the tenants had agreed at that time.
The Landlord had made an agreement in 2007 that he would make a building for us (tenants) in the back area of the chawl and would shift us in that. The front portion of the chawl  will be used by the landlord cum builder for commercial purpose. 
So far he hasn't done anything till date (2014).
Now a days the conditions of the chawl  is getting worse day by day. 
Recently we (the tenants) got a notice from BMC and the BMC is considering our premises(chawl) dangerous for resident.
BMC is urging the tenants to vacant the premises 
15-20 days back we(tenants) had a meeting at Add Comm Office  of BMC with the landlord . But the concern person(decision taker) from the landlord was not present there, his servant was representing him(landlord). THE BMC officer told the builder cum landlord to submit the necessary paper for IOD at the earliest and they(BMC) will grant them IOD. (What is IOD).
My only concern is that even if BMC grant them IOD. and after vacating the house the landlord doesn't make any building for us. In that case what we should do. As the agreement was made in 2007 and so far the builder has not taken any action. What assurity is there that the builder will make the building. We(the tenants) are all middle class families. Kindly guide us what we should do in such situation.
Asked 4 years ago in Property Law from Mumbai, Maharashtra
1) send a letter to the landlord by registered post AD mentioning pitiable condition of the chawl . mention that although agreement was signed 7 years back till date no redevelopment of chawl has taken place . 

2) in said letter record the meeting that has taken place in office of Additional commissioner of BMC office wherein BMC has directed landlord to submit necessary papers for IOD 

3) request the builder to make necessary application at the earliest so that redevelopment can take place at the earliest

4) wait for builder response . 

5) it is necessary to go through agreement signed by tenants with builders as to consequences for failure to carry on reconstruction within stipulated period
Ajay Sethi
Advocate, Mumbai
44493 Answers
2587 Consultations

5.0 on 5.0

1. Is there any time period mentioned in the agreement you have entered in to with the land lord for starting and completing his agreed development providing you seperate accomodation,

2. If no, then the said agreement is toothless for you,

3. File a Writ Petition before the high court against BMC praying for a stay order in any type of development being aided/supported by BMC till alternate accomodation for you as agreed by the land lord earlier is provided to you.
Krishna Kishore Ganguly
Advocate, Kolkata
18164 Answers
439 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer