• Remove shops as per notice received from municipal corporation

Sir, 
1) A total Approximately  80 shops are give on rent basis from municipal corporation as per Agreement of 11 Moths 
2)  After 11 Months Not Renewel Agreements of All Shopkeepers.
3) In 80 shopkeepers 43 are Permanent Structure & Others are Tin Sheds
4) Now Municipal corporation is receive caveat from CJSD for as per development plan to develop a road at least 60ft so shopkeepers total shops are remove as above reason development a road
5) Also Came a Notice of All Shop Keepers  from Commissioner Municipal corporation as per bombay provincial municipal corporations act, 1949 Section 81B Subsection 1 (b) (C)  & Section  81 (2) for  your Possession is illegal & Use illegally So Why Not remove Shops for a Public Purpose Develop a Road Call On Explanation of Writing & Also Hearing on Commissioner Muncipal Corporation 
6) As Above Condition  what  Can to do?  Can I File A Case ? Which Court (CjSD or Hiogh Court) ? Can Get A Stay   on above Municipal corporation process? Which Court (High Court or Civil Court) ? Can Rehabilitation of All Shopkeepers in Suitable place  Any Provision ? can i file case against   municipal corporation for Rehabilitation of All Shopkeepers in Suitable place this purpose ? Plz Give Detail  Acts Provisions & Also High Court & Subprime Court  Sytations   Plz Immediately
Asked 1 year ago in Civil Law from latur, Maharashtra
1) you are mere licencee . shop has been given to you for rent . 

2) in case leave and licence agreement not renewed you are bound to vacate the shop 

3) since removal of shops si required for public purpose for road development you will not get stay if you move district court . 

4) you are being given chance to file your reply and also granted personal hearing . 

5) in case eviction order is issued court will not grant you stay . 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
You can approach the High court if the notice properly served or other wise you can approach for district court. The eviction is for public purpose. So the acquisition is necessary for road development and you have bound to vacate the premises. The rent agreement is not renewed, so it easy to take a stand of the municipal authority for the reason for eviction.  
Ajay N S
Advocate, Ernakulam
1909 Answers
19 Consultations
5.0 on 5.0
In your original query it was mentioned that you had entered into agreement for 11 months and agreement not renewed 

2) it is only now that you have mentioned that you are in possession for last 30 yeArs 

3) if so you are a protected tenant 

4) you should file detailed reply to notice 

5) engage a local lawyer and appear for personal hearing 

6) if eviction order is passed all tenants should move court and seek stay of eviction proceedings 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
If so you may get compensation but the eviction is inevitable . 
Ajay N S
Advocate, Ernakulam
1909 Answers
19 Consultations
5.0 on 5.0

As Above Condition  what  Can to do?  Can I File A Case ? Which Court (CjSD or Hiogh Court) ? Can Get A Stay   on above Municipal corporation process? Which Court (High Court or Civil Court) ?

 The Corporation or any person aggrieved by an order passed by the Collector under sub-section (1) may,  notwithstanding anything contained in any law for the time being in force, within one year from the date on which  the Corporation or such  person had due notice of such order, institute a suit in any competent civil court to set  aside such order or to claim a relief inconsistent therewith.If any such suit is instituted after the expiration of one  year from the date on which the notice of such order has been given such suit shall be dismissed although imitation has not been set up as a defence. 



Can Rehabilitation of All Shopkeepers in Suitable place  Any Provision ? can i file case against   municipal corporation for Rehabilitation of All Shopkeepers in Suitable place this purpose ?

77. Acquisition of immovable property
(1) Whenever it is provided by this Act that the Commissioner may acquire or whenever it is necessary or  expedient for any purpose of this Act that the Commissioner shall acquire, any immovable property, such  property may be acquired by the Commissioner on behalf of the Corporation by agreement on such  terms and  at such rates or prices or at rates or prices not exceeding such maxima as shall be approved by the Standing committee either generally for any class of cases or specially in any particular case.
(2) Whenever, under any provision of this Act, the Commissioner is authorised to agree to pay the whole or any  portion of the expenses of acquiring any immovable property, he shall do so on such terms and at such rates or  prices or at rates or prices not exceeding such maxima as shall be approved by the Standing Committee
as aforesaid.
(3) The Commissioner may on behalf of the Corporation acquire by agreement any easement affecting any  immovable property vested in the Corporation, and the provisions of sub-sections (1) and (2) shall apply to such  acquisition.  
Section 78(3) The amount of compensation awarded and all other charges incurred in the acquisition of any such property shall, subject to all other provisions of this Act, be forthwith paid by the Commissioner and  thereupon the said property shall vest in the Corporation. 


T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
1. The shopkeepers who are aggrieved by the notice issued by the MC can challenge the same in the civil court, but it needs to be remembered that if the MC has refused to renew the agreement the shopkeepers are legally obligated to vacate the shops. 

2. MC is under no duty of law to rehabilitate those shopkeepers with whom it has decided to not to renew the agreement. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Immediately file a civil suit for injunction against the MC before Civil Judge Senior Division of area where the property is situated under Order 39 rule 1 & 2 of CPC.

It will be better to contact a lawyer with all the documents personally or over the phone, it will be better to get best advise.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0

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