Redevelopment of godown
mukesh
(Querist) 21 January 2015
This query is : Resolved
I am having a godown in South Mumbai in a building owned by BMC. BMC has given rights to a developer to develop the building. Builder has obtained IOD and permission under section 33.7.
Builder is asking me to vacate the godown but is not ready to give benefit of fungi FSI to me where as he has given this benefit to other godown owners saying that now he does not have any space. Also he is giving compensation relocation rent of only first year as he claims to complete the building within one year. After one year if building is not complete and if I do not get compensation rent I will be at GOD mercy. I refused to vacate the godown on this terms so he has issued me notice 105B to vacate the place. Now I want to know can I apply for the stay and file suit against the builder and if yes:
1. In which court can I file the suit?
2. Have I to pay both court fees and stamp duty because stamp duty will be very high and I being a small trader cannot afford this?
3. Is there any good lawyer who can fight my case at reasonable fees because here lawyers are demanding very high fees?
ajay sethi
(Expert) 21 January 2015
you will have to move city civil court and seek stay . pay court fees . litigation is an expensive proposition .
if 75% of tenants have agreed for redevelopment you may not get stay
Rajendra K Goyal
(Expert) 21 January 2015
You can contact expert ajay sethi who is available in Mumbai.
