Redevelopment of Pagdi System Building in Vikhroli
Jitendra
(Querist) 16 August 2019
This query is : Resolved
Hello this is Jitu from Vikhroli -Mumbai and have a tenant based room in pagdi system of 100 sq. ft. The landlord has proposed us with an redevelopment offer considering the building in dilapited condition and is offering only 35% additional area on existing carpte area. (i.e.135). Though more than 70% tennat agred with proposal (as no one wants to fight legally due to low income), we few refused this offer. However, we are demanding area equivalent to area specified in 33(7A) of DCR. Owner has issued a termination notice of tenancy to us U/s. 16(1)(k) of Rent Control Act. The landlord sent us notice with following message : the said building is more then 60 yrs old and dilapited condition, and bonafide intention to develop the same. Therefore we need to vacate the room within 7 days from the date of notice or legal action would be taken by the landlord .
Please suggest us what to do regarding the eviction notice and applicability of 33(7A) of DCR. your replays are precious so please help me out . Thank you in advance.
Dr J C Vashista
(Expert) 17 August 2019
You will have to hand over vacant possession of demised premises.
Consult and engage a local prudent lawyer for better appreciation of facts, guidance and proceeding.
Kishor Mehta
(Expert) 17 August 2019
The minimum area specified in DCR rules does not apply to privately owned buildings. It will be prudent to decide the matter with mutual discussion.
Hemant Agarwal
(Expert) 18 August 2019
1. While agreeing with Expert Opinions, an extra area of 35% and complete ownership of your Flat in a brand new building with all amenities, is a great advantage, more specifically so when the building is declared as dilapidated, and further more so since the HC has now come down heavily on tenants /occupiers who are occupying dilapidated buildings.
2. IF the building falls for any reason, THEN the tenant gets nothing, not even the original room. There is no other simpler option (neither Legal or otherwise). Better to negotiate amicably and enjoy peace
Keep Smiling .... Hemant Agarwal
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