Right to shelter
Deepak Vanjare
(Querist) 26 October 2014
This query is : Resolved
Can state human rights commission/court can be approached to prevent municipal authority exercising forceful eviction of tenants in a privately owned dilapidated building without offering any alternative accomodation. Can the owner be directed to provide alternate accomodation or redevelop such building. Right to shelter is fundamental right of legal tenant in such a building. If so please suggest advocates in Mumbai.
Further to experts comment:-
1. yes i am residing in the same building.
2. Municipal corporation has served notice to tenants to evacuate their rented premises being declared dangerous to habitation.
3. Owner directed by Municipal corporation to provide alternate accomodation.
4. Owner not replying nor providing
alternate accomodation.
5. National human rights commission provides right to adequate shelter & sets out core obligation towards the right contained in Article 11(1) of ICESCR with core obligation as legal security of tenure against forced eviction & harassement.The state/ municipal corporation/The owner should provide alternate accomadation prior to eviction.
6.Can the State Human rights commission/ court can be approached for protection to tenants under Protection of Human rights Act 1993 compelling either of owner/ municipal corporation/ The state to provide shelter.
Guest
(Expert) 26 October 2014
Please state how you are concerned with the problem? Are you a tenant of the dilapidated building?
Sudhir Kumar, Advocate
(Expert) 26 October 2014
Please do not set question in LLB examination.
please state your query with full facts and you connection with the case.
Rajendra K Goyal
(Expert) 26 October 2014
Author reply the objections raised by the experts.
Deepak Vanjare
(Querist) 27 October 2014
The query has been modified as above.
Guest
(Expert) 27 October 2014
Mr. Deepak Vanjare,
If you are an MD (as per your profile) of some company, I wonder if as MD you live in a rented dilapidated building.
Anyway, nobody can restrain you to approach state human rights commission/ court to prevent municipal authority exercising forceful eviction of tenants, provided the the building does not cave-in during the long process of trial. But just think, if in between the process, the building starts falling on its own and the owner is not able to afford or provide any accommodation to the tenants, would the tenants be able to bear with the tragedies that would happen on fall of the building? When you have received the notice of eviction, safety concerns become the liability of the tenants only.
So far as MC is concerned that can provide only tented accommodation, if that intends to fell the structure to save lives of the residents, not separate buildings on behalf of the landlord, if he fails to provide alternate accommodation.
Deepak Vanjare
(Querist) 27 October 2014
well, i do not reside there but have accomodation since years.
My question is will the commission/ court will be able to give speedy justice where the landlord is stinking rich and taking advantage of law where no law makes it obligatory for the landlord not to shrink from his human responsibility.
Sudhir Kumar, Advocate
(Expert) 27 October 2014
first yo modified query and stated
"yes i am residing in the same building."
not you say
"i do not reside there"
what do you mean. Why you prefer to bluff and seek free advise.
'
Sudhir Kumar, Advocate
(Expert) 27 October 2014
"where the landlord is stinking rich and taking advantage of law where no law makes it obligatory for the landlord not to shrink from his human responsibility."
You know that there is no obligation on the part of landlord. You also know he is not doing anything illegal.
Fundamental rights are not enforceable against private bodies.
If the building is razed what will be the
market cost of vacant plot?
how much rent per month he is receiving?
how many tennats are there?
