According to BMC rules, residents living in buildings that are over 30 years old have to carry out structural audits.

2) based on structural auditor report building is declared as C1

3)The category is applied only after a structural audit, following which a notice under Section 353B of the Mumbai Municipal Corporation Act for eviction is issued.”

4)Those falling in the C1 list and can’t be repaired have to be vacated.

Dear Client 

You can make a written complaint to the concerned development authorities and request them for a structural audit of the building. Depending on the report of the structural audit the building can be declared c1 or dilapidated building.

Thank you

there is no process as such

if a building is in a sound and structurally stable state then it can by no means be declared as C1

There are so many buildings in South Mumbai which are more than 100 years old including the HIGH COURT building

does that mean that just because these buildings are so old they ought to be declared as C1 and be pulled down?!!

your grievance is not that the building is dilapidated or old or likely to fall

your main grievance is that the landlord is not undertaking redevelopment 

so for that you cannot resort to abuse of the process of law by getting the building declared as C1 and thereby pressurize the landlord to redevelop the building 

the courts will take such instances with utmost seriousness and impose heavy costs on you 

if you have any grievance against the landlord charging hefty transfer fee, then your remedy  is elsewhere

not by resorting to indirect tactics of getting the building declared as C1!

there is also a provision under MHAD Act where the tenants can come together and make an application to MHADA for acquiring the building. but that too will face resistance by the landlord if such acquisition is not warranted under law

so please do not ask queries on this forum to bring into fruition your dishonest motives

this forum is not for that !

If landlord is refusing to transfer tenancy in favour of legal heirs of tenants file suit in small causes court for declaration that you are tenants 

You need to approach MCGM for declaring the same or MHADA under whose control the bldg is

The legal heirs of the deceased tenant are protected under the rent act 

If there are more than one legal heirs and they mutually agree that the tenancy should be transferred to one of them, then they can make relinquishment affidavit. And the legal heir in whose name the tenancy is to be transferred, he can keep these relinquishment affidavit handy and as and when the landlord agrees to transfer the tenancy to his name, the release cum relinquishment affidavit can be submitted to the landlord 

The possession is not at all disturbed 

Dilapidated building means a structure which through neglect or injury lacks necessary repairs or otherwise is in a state of decay or partial ruin to such an extent that the structure is a hazard to the health, safety or welfare of the general public; and has become unfit and unsafe for human habitation, occupancy, or use or which is dangerous or injurious to the health or safety of the occupants of the building, the occupants of neighboring buildings, or other residents.

Have you obtained structural audit report from a structural auditor about the condition of the building and got it declared as C1 category.

If a building is listed under the C1 category, it needs to be vacated and demolished immediately..

As per law, BMC can now force the occupants/residents to vacate or evict them from the building which is in a dilapidated condition endangering the lives of the residents/occupants.

However under the new redevelopment scheme/rules the building proposing redevelopment cannot be legally demolished without obtaining commencement certificate from BMC which shall mandate that an agreement for permanent alternate accommodation is executed and registered between the occupants/tenants and the landlords/developers. 

The tenants and the legal heirs of the deceased tenants are protected by tenancy laws towards the tenancy rights.

They can approach court of law with a petition seeking permanent injunction against the landlord to restrain him from going against the interests of the tenants especially against the old tenants who have been living in the complex for decades together. 

Dear client,

You can go ahead with the written complaint and request for a structural audit of the building. You can include the landlords misbehavior into the complaint, and it will surely be taken into consideration. 

Thank you. 

- You can file a complaint before the Municipal corporation for declaring the said building as dilapidated and non-habitable.

- Further , after the death of a tenant his legal heirs who is residing in the tenanted premises can claim his share even in the redevelopment of the building. 

- Further, the structural audit is mandatory after passing of 30 years of the building .

- You can file a case before court for declaring the tenant ,if the landlord is creating trouble in the possession.