Laws related to pagdi system
Shreyans M
(Querist) 04 April 2016
This query is : Resolved
I am a tenant of 2 rooms in a pagdi system chawl. 1 room is in my name and other in my father's name. We have all the separate documents with regards to two rooms. Both rooms are joined/merged together and now there is only 1 common entrance to enter the room. I have converted 2 rooms into 1BHK type flat (Hope u all understood the scenario).
Our building is going into redevelopment and BMC officers are saying that we are entitled to only 1 room because there is only 1 entrance and we (i.e. myself and my father) are same part of family.
I wish to know whether I can get 2 rooms in new building or only 1??
Need judgments to that effect. If can help with that then it will be useful for me.
Thanks
P. Venu
(Expert) 05 April 2016
When, presently, you have only one apartment why you are seeking two?
Adv. Yogen Kakade
(Expert) 05 April 2016
Judgments are not provided here but to give you the solution few things are needed to be known.
Who is doing the redevelopment?
a private developer or BMC?
Are you getting the same area? or more or lesser?
As you have mentioned that you have made certain permanent changes in the earlier structure, did you obtain the permission for the same earlier?
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
Guest
(Expert) 05 April 2016
All words indicate you are from Mumbai (Maharashtra) If wrong do immediately inform me and my direction then should not be followed.
I have few queries
1) From wording and situation I doubt some time it is Slum Redevelopment Project (SRA). So confirm it
2) Whether that area is declared slum area under Slum Area Act 1971 and whether you have photo pass . Whether one photo pass or two photo pass
3) If not Slum area , and No SRA then act which will be applicable is Maharashtra Rent Control Act 1999. So before jumping for next queries better you clear about SRA first
Rajendra K Goyal
(Expert) 05 April 2016
Author, please come out with the clear facts and reply the doubts raised by the experts.
Shreyans M
(Querist) 06 April 2016
Respected Sirs,
Thank you for responding and apologies for giving limited info.
Firstly, its Pagadi system chawl which is governed by the Maharashtra Rent Control Act and not by SRA..
Our chawl is being redeveloped by a Private Builder.
We will get an area of 350 Sq Ft
There were earlier 2 rooms and bearing Room Nos. 11 and 12.. The earlier area of both rooms were only 150 Sq Ft each, aggregating to 300 Sq Ft. That was not sufficient for us so we had clubbed two rooms and than made it like a 1 BHK flat.. My uncle was the landlord of the said building, hence we had not taken approval in writing. However, if asked to my uncle about the permission taken from him for such changes than he will support us.
My query is just that after the redevelopment, we will get two rooms, i.e. 1 in the name of my Father and 2 in my name or only 1???
If still my info is not clear or incomplete then please mention your queries to get the idea and I shall answer it.
Once again apologies for the trouble..
Thanks
Guest
(Expert) 06 April 2016
Thanks for information. So Act applicable is Maharashtra Rent Control Ac 1999
1) First thing will be whether the present structure is legal or illegal. And this create some problem in dealing with such case. If structure is legal ,or you pay property tax for legal structure . Then you are in advantage situation
2) If present structure or yours rooms are illegal then there is some problem .
3) To determine whether structure is legal or illegal , See your Municipal Tax Receipt of BMC whether it is marked "Illegal structure or nothing marked". Entire structure property tax bill even if common for whole structure just check and reply to me . If illegal and legal both mentioned then whether your rooms come in legal or illegal that have to be checked first
4) After checking this you ans. And then I prefer to ans. further. This Act myself very well versed with so myself will give proper ans. after your reply .
