hello , i am having a 148 squarefoot RESIDENTIAL area in a tenanted premises in goregaon west - mumbai 400062.
since last 40 years. in the year 2000 my landlord has constructed further 3 floors on ground plus 2 structure , without any consent from the old tenants like us.
the old tenants constitutes small room owners like us & many more , also the building had ground floor roadside commercial shops. the landlord & his entire family used to stay on 2nd floor , in the old building till the year 2000. when another 3 floors were put on with the support from outside pillars , ( THE OLD BUILDING WAS NOT DEMOLISHED , NOR ANY KIND OF COMPENSATION WAS GIVEN TO THE OLD TENANTS ) the new flats on 3rd , 4th & 5th floor were sold by him on ownership basis.
now the landlord wants to pulldown this structure IN 2018 & construct a multistory building with one of the reputed devloper in the area , what i want to know as per new DCR
1) HOW MUCH AREA HE CAN CONSTRUCT IN NEW PREMISES AGAINST THE EXISISTING BUILDING WHICH HAS APPROXIMATELY 9300 SQ.FT OCCUPANCY ?
2) AS PER LAW 33(7) AM I & OTHERS WHO HAVE SMALL PREMISES ARE ELIGIBLE TO CLAIM 300 SQ.FT AREA PLUS 35% FUNGIBLE AREA ?
3) I ALSO WANT TO KNOW WHAT RIGHTS DO THE OLD TENANTS & THE NEW FLAT OWNERS FROM YEAR 2000 HAVE ? ALSO THE DEVELOPER & LANDLORDS ARE LIABLE TO PROVIDE CAR PARKING SPACE TO THE PRESENT TENANTS ON PRIORITY BASIS , THEN TO THE NEW FLAT OWNERS WHO WILL BE BUYING IN NEW BUILDING . ALSO WANT TO KNOW IS THERE ANY DISCRIMINATION BETWEEN THE TENANTS & OWNERSHIP FLAT OCCUPANTS IN THE EXISISTING BUILDING ?
