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Harassment by landlord

(Querist) 19 February 2013 This query is : Resolved 
Respected Sirs,
I stay in a stone load bearing building of ground + 1 floor along with 2 other tenants under the pagadi system for the last 45-50 years. In order to redevelop the property the owners have invited a notice under section 264 of the BPMC act 1949 and declared the building unsafe and have informed us to vacate the premises in Dec'2012. On our refusal to do so & subsequent meetings they have agreed to give us a flat on ownership basis of 270 sqft, rent for alternative arrangement, but they insist that we vacate immediately after signing the MOU. The owners state that only after getting the Occupany Certificate of the new building the Owner along with the developer will enter into an agreement with the tenant which the tenants have refused.
They have now started to harass us by disconnecting the water supply & electricity. The electricity has been restored but the water supply is yet to be restored as it is in the name of the owner & the owner is not signing the application to be submitted to the Thane Municipal Corporation.
There is another tenant who stays in a chawl belonging to the same owner and has no such notice under the BPMC Act. He is harassed in the same manner but in addition the tiles of his roof has also been partly removed.
Our visits to the local police station and the local corporator to complain regarding cutting of essential supplies have fallen on deaf years and we are yet living without water supply for the past 10 days.
My queries are as follows
1. When should we vacate the building.
2. What are the rules regarding redevelopment of private property and tenant rights.
3. What action can we take regarding harassment meted out to us.
4. Any further advice that would be helpful to us.
Devajyoti Barman (Expert) 19 February 2013
File a suit for declaration and injunction. There you pray for connection of water supply.
You have to wait for some time for the reliefs sought for since the reliefs claimed for are of civil in nature.
Rajeev Kumar (Expert) 19 February 2013
Agree with Barman sir.
Raj Kumar Makkad (Expert) 20 February 2013
Obtain an mandatory injunction order from local court.


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