Repair of roof in chawl

This query is : Resolved 

Querist : Anonymous (Querist)
11 June 2021

I m having house in chawl of 9ft in pagdi system.
My roof is damaged and rain water litraly drip all over the ceiling but my landlord are having hard feeling for me so they don't give me permission to repair as one gunda live opposite me and he influence them. So can I repair it by taking permission from bmc and what is the procedure to take such permission.

Sankaranarayanan Online (Expert)
12 June 2021

Consult a local lawyer and seeking advise and act accordingly

Advocate Bhartesh goyalOnline (Expert)
12 June 2021

You need to file suit for injunction ( mandatory and Prohibitory ) before civil court and get landlord restrained for not to make obstructions for required repairs.Contact to local and prudent lawyer for further proceedings who will guide you better.

kavksatyanarayanaOnline (Expert)
12 June 2021

Yes. Agreed with the advice of above learned expert Mr. Bhartesh Goyal sir.

Dr J C VashistaOnline (Expert)
13 June 2021

Permission of appropriate Court / Rent Controller has to be obtained but not from BMC.

P. Venu Online (Expert)
13 June 2021

In my opinion, such essential and inevitable repairs does not require any permission so long as no structural changes are carried out.

T. Kalaiselvan, Advocate Online (Expert)
13 June 2021

The seepage of water from the roof can become precarious to the inhabitants creating an in habitable condition.
Hence a repair to the roof for rectifying the defects to ensure protection to the inhabitants of the rented premise can be taken up even if the landlord objects or is controlling the same through any anti social element from outside.
You can lodge a criminal complaint against the goonda/anti social element if he tries to interfere or creates any problem to you seeking protection from such elements.
If the landlord is still objecting or adopting any such tactics to stop you from getting the property repaired, you may approach the rent control court or civil court seeing n order of injunction against the landlord restraining him from indulging in such activities which endangers your habitable conditions in the rented premises and permit you to proceed with the proposed repair to roof which is essential for the safety of the inhabitants of the premise.

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