Tenants in pagdi system mulund (mumbai)

Himanshu (Querist) 06 July 2017 This query is : Resolved
Dear Sir,

We are the tenants from past 40 years of a building situated in Mulund West in Pagdi system. The original owner had made deal with one builder to sell in 2007 which is not completed till now due to the dispute between owner brothers. 33% of the part has been taken over by builder from one of the brother and seems to have transferred/registered in his name. Due to all this building has not been repaired for long and is now dilapidated. Out of total 33 tenants 60% have shifted to other rented place and 40% still stays there.
Two days back front side slab fell down and one lady unfortunately passed away. Today BMC has issued a notice under section 354, 488, 491 and section 475-A of MMC act 1888 under section 58 of the said act. They have declared this building under C-1 category and asked all the tenants to vacate the place and they will pull down the structure. Notice has been served to Landlord / Builder and all tenants.
There is no action taken by Landlord or Builder till now and people are lower middle class and totally scared that what will happen as in Mumbai it is extremely difficult to move out to other place.
Need your guidance on what is to be done in this situation by tenants to protect their right of the house they are currently occupying (both people who are staying physically and who are not).

Follow Query

Report Abuse

Hemant Agarwal (Expert) 07 July 2017
1. IF BMC has declared the building under C-1 Category, THEN logically the building has to be vacated, else ultimately there will be loss of life and property.

2. Move Civil Court, for relief of your Tenancy rights in the new bulding, as may be applicable.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com

Kumar Doab (Expert) 07 July 2017
You can benefit from the advise of Mr. Hemant Agarwal.

Raj Kumar Makkad (Expert) 07 July 2017
Building has to be demolished in the given facts. The tenants have only right to secure their tenancy which they might have done a long when the building was agreed by owner to be re-developed wih the builder. Anyway, immediately move a notice to builder and owner and then move to cooperative court.

Himanshu (Querist) 07 July 2017
Thank you both Sirs.. There are no agreement made between either Landlord or Builder with Tenants. Is there a law / rule to protect tenancy rights?

Kumar Doab (Expert) 07 July 2017
Take help of local counsel specializing in such matters.

Mr. Hemant Agarwal is from your location.

Rajendra K Goyal (Expert) 07 July 2017
How are you concerned / related with the query?

Himanshu (Querist) 08 July 2017
I am the tenant in this building hence concerned.

Rajendra K Goyal (Expert) 08 July 2017
Move as advised by the expert Hemant Agarwal, approach court for relief under of tenancy right.

Kumar Doab (Expert) 08 July 2017
You can benefit from the counsel of Mr. Hemant Agarwal.

Hemant Agarwal (Expert) 09 July 2017
Shri Rajendra Goyal & Shri Kumar Doab:

THANKS for endorsing my suggestion.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com