Pagadi system
Theresa Margaret Dsouza
(Querist) 19 January 2015
This query is : Resolved
We are tenants in old building before independence on Pagadi System from more than 50 years. We knew who the owner was till 2004 and were promptly paying the rent to him against rent receipt. Thereafter could not pay the rent as we did not know who the owner was. Now the owner comes forward saying that he is the owner from 2008 but does not show the documents to prove that he is he owner wants to demolish the building through BMC mentioning that it is duplicated building. We tenants filed a court case where it was conveyed that BMC should do the structural audits and give notice individually to the tenants and pull down the building with 7 days and the owner or the builder from the either side to give flats to the tenants with shifting. But now the owner wants his builder and says that would give flat but no shifting and no agreement as the case is with the court. Also yelling at us that why you guys went to the court, now face the consequences. We have also send rent cheques to the owner through a lawyer for 2008 – 2014 but would not accept the same. We are confused as the tenants what is to be done. There are many questions which are unanswered. Where should we go if the building is demolished and no shifting given?
Kindly give us your advice.
In Pagadi system are be liable to get flats if the BMC pulls owns the building.
Are we liable to get shifting and agreement before demolishing the building?
What is the right procedure if the building would be demolished by BMC . Would we get flat from owner?
Thanks & Best Regards
ajay sethi
(Expert) 19 January 2015
1) landlord is bound to rehabilitate you . you will get flats on redevelopment
2) you have not mentioned what is the report of structural audit .
3) if building is in dilapidated condition it would be demolished as per court orders .
4) enter into agreement with builder before vacating flats
Theresa Margaret Dsouza
(Querist) 19 January 2015
Thank you for your advise.
But the owner and his builder is not giving any agreement or shifting. He does not want our builder / developer to enter into any agreement says its invalid. What is to be done now? Please advise
ajay sethi
(Expert) 19 January 2015
since landlord is the owner of building he can go in for redevelopmnet only with the consent of majority of tenants . refuse to vacate till agreement is signed . you have not mentioned what is the report of structural audit
Theresa Margaret Dsouza
(Querist) 19 January 2015
We will get the letter from BMC to each tenant with the reason (structural audit report) and the building will be demolished within 7 days. Police protection given to BMC... This is the second attempt for demolition. First attempt was stopped successfully due to intervention of local Leaders and politicians. But the owner is adamant.. saying no agreement
