Case with the bmc, mumbai

Neville (Querist) 21 March 2013 This query is : Resolved
We have a case with the BMC to preventus from shifting from our present home.This is not a slum. I am looking for guidance and advise possible package which I am entitledd to in cae I am shifted.

Pl call me / email me.

Regards
Neville Da Silva
M:+919820581588

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ajay sethi (Expert) 21 March 2013
no lawyer can advise you without knowing complete facts of the case

Raj Kumar Makkad (Expert) 21 March 2013
What is your real problem and what are the facts leading to your problem?

You reply first and get our reply thereafter.

Devajyoti Barman (Expert) 21 March 2013
yes, give us facts first.

Neville (Querist) 01 April 2013
The case details are :

We are staying on a plot of land from around 1971.
The Propoerty Card is in the MHADA name.
There is only one family staying on the land.
We are paying NA tax for the house on the land from 1994.
We have address proof from 1986.
We have a plantation on the land with over 200 fruit bearing trees.
The Tehshildar office has thru a panch nama and order recorded the findings of fruit and vegetable trees.
We have a agri power meter for our farming.
The land is declared as a PG in the Mumbai current DP plan.
The BMC has sent us an offer for shifting with a house. We have moved court for a stay as they have not considered our farming which contributes to our livelihood.

My queries are :
1. Can the BMC evict us or it the MHADA who has to do so to develop the PG land.
2. Can we be rehab on the same PG land.
3. In case not, what is the rehab we can request for besides a house.
3. As our plantation is not movable, what should be our plea to the court.

Thanking you

Neville Da Silva

Raj Kumar Makkad (Expert) 05 April 2013
1. It can evict only under rules.

2. You can be duly compensated if no rehabilitation is possible.

3. heavy compensation which should include future income also.

4. As already advised.