Rights of imla malik - request your guidance

Aditya Panikkar (Querist) 17 May 2016 This query is : Resolved
If someone is a chawl owner(Imla Malik) since a long time and has been paying all the property taxes. Does not have proper documentation.

The land owner is someone else and the property is going under SRA. Owner of the land and the developer has entered into some kind of agreement.

The developer says that imla malik does not have any right on the property and that if the name of the imla malik is mentioned in the Annexure II, he is entitled to one flat/rent.

Q. Does the right of imla malik cease to exist in this scenario?
Q. If the room is sold to someone else, does the imla malik loose right for getting flat/rent under the sra scheme?
Q. Maximum imla malik can get under SRA scheme?

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Guest (Expert) 17 May 2016
I presume you are from Maharashtra read what I state . If out of Maharashtra please don't read

1) Terms you have used is illegal and have no place in law.

2) You will will be considered encroacher who constructed structure on some others land

3) You will be also considered slum lord

4) If you are taking rent or any thing (It was illegal )

5) You had no right to sell the room

6) All transaction where illegal and had no place in law.

7) SRA scheme is implemented under provision of Maharashtra Slum Area Act 1971

8) Under this scheme only occupier of room pre 2000 will get free house . No one else

9) If you are residing in specific room before 2000 you will get free flat else nothing

10) Nothing can be done in your case , as you were doing all illegal transaction , area was declared slum area under provision of Slum area act, additionally you will be considered slum lord under other act.

11) Since land owner and Developer has entered into agreement ( And if developer have required registration under Slum Area act) then scheme can go on

12) You will get only one tenement (flat) if your name is there in Anexure 2 . Nothing else no other right you will get.

Guest (Expert) 17 May 2016
There is one Slum lord act. Your legal status will be that of Slum lord.

Nothing you can do , Slum lord is criminal offense under state law