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Terry Fernandes   04 November 2018

Building demolished by bmc

On 10th July 2010 the building we were staying as tenants were sold to another set of landlord which was part of the family only. On 4th july 2011 they sent a letter saying that the building was weak along with structural report. We all tenants accordingly jointly replied on 17th feb 2011 on the letter saying that the landlord needs to repair the building and we are ready to support him on the same. The landlords were not bothered to repair the building and intentions were to further deteriorate the building by not conducting and repair or maintenance Builder. Over the years nothing happened and since the building was weak one by one all of us the tenants vacated Recently We Tenants had received a general common Letter from Municipal Corporation Greater Mumbai u/s 354 and another letter Appendix - G, u/s 488. In the first week of june 2018 the survey was also conducted by the authorities basis the documents given by the landlord and the authorities just did a formality exercise. The authorities in oct 2018 gave the survey area letter which was disputed by us as the areas in that letter were less. Suddenly just last week (oct 2018) onward the authorities started demolishing the building without any further notice to us tenants and got the building down. We had our furniture and fixtures and some valuable things in the stuff and now there is none of our goods. What action can we take against the landlord and the municipal authorities.


 3 Replies

G.L.N. Prasad (Retired employee.)     04 November 2018

1. You are aware that the building is not in good condition, and it is your duty to take care of your personal safety and your assets when you realize the facts or after receiving such demolition notices from BMC.

2. The duty of BMC is to warn you of the consequences, their powers to demolish and allow you sufficient time to vacate the property.

3. They have done their duty, and you have neglected your responsibilities and also you have not taken any action after receiving such notices and wilfully kept your belongings, knowing of such proposed action of BMC.

4. Members of this forum are not knowing facts, details of notices, etc., and as you have already decided to take action against land lord and municipal authorities, you may take up with a local advocate for proceeding legally depending on facts/circumstances.

(This is the usual thing to get the tenants vacated.  Landlord and MC are part and parcel of this action.  We can not blame landlord as it is his investment and the loss is for him.  We can not blame MC as they have to protect lives and avoid damage due to collapses, as such things happened within Mumbai on several occasions during last year.)

P. Venu (Advocate)     05 November 2018

What are the future plans of the Landlord?

Terry Fernandes   05 November 2018

Currenty there is a dispute between the 3 landlords wherein one is not agreeing on the redevelopment due to "share" issue. There is also no communications from any landlords to us tenants.


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