Delay in redevelopment and fear of tenant eviction


Thank you learned Attorneys for giving me opportubuty to present my issues.

I  have  commerical place on a building with residents staying. It is a PAGRI place. Landlord has done some arrangment for redevelopment with builder and builder has put in board for redevelopment . for >  10 years NO redevelopment has taken place.

Conditoon of building is bad. Celing leaks and  plaster cracks. My galary was about to fall and I got it reinfrced at my expense. 


The problem is builder for > 10 years is DOING NOTHING . The exuse was that court case is going on with other residents of the premises.  Now those disputes are also geting resolved yet NO progress. 

He got consentum signed with  some tenants ( I am one of them ) .It is NOT registered in the court. 

We dont know why he is DOING nothing and wasting time.  We suspect that he is waiting for building to be structurally damaged and then that becomes legal  grounds of evicting tenants . 

See the  accompanying article. Building is > 60 years old. 

I want to know what we can do to:

  • Make sure builder does not take advantage of this situation waiting for building to fall
  • What we can do to pressure builder to start the redevelopment work 

Problem is -there is a catch and risk here in everything.  If we write to MHADA to repair - the builder has got deep pockets in these places and he might influence authorities to evict tenants using that as exuse. Once tenants are evicted on the basis of building in delapitated condition - my understanding is that  the same  rules dont apply to reimburse tenants . 

  • so 3rd Q what rules apply to reimburse tenants in case  tenants are evicted - who is paying MHADA or builder and is MHADA oblidged to provide alternate place for my commerical establishment  same area ( locality ) and carpet or totally @ MHADA discretion.
  • If MHADA demolishes building to repair - they can pull in builder since he has devleopment rights or they do it themselves ?
  • what our our tenancy rights when  building is demolished for repair . If another structure e.g. a commerical mall is erected do tenants have rights over their flats or those are gone with minimal MHADA reimbursement 

PFA attached article which is what we are fearing 

 



Attached File : 36553 20190831201418 image paper cutting 1low.jpg downloaded 18 times
 
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Advocate

The matter requires professional consultation.

 
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Place in Mumbai 

 
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Sir some  analysis of the above situation will HELP OTHER READERS as well as indicate interest from me  or other readers for a lawyer who has answered my question exhaustively. 

Obviously we have done our own reading and have some background . Looking for somethings additional that may enlighten us and create initial trust relationship with a lawyer

 
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