Pratham Khombhadia 10 October 2021

Query on tenancy rights

I am a tenant (deposit agreement) since 51 years of a commercial premise situated in Dombivli coming under the jurisdiction of Kalyan Dombivli Municipal Corporation (KDMC). The building is 51 years old and is declared unsafe by the KDMC. Last year KDMC issued notices to the landlord under section 264,265 and 268 of Maharashtra Municipal Corporation Act(MMC Act) 1949. I have monthly rent receipts of past 50 years, shop license,etc. The building hasn't been demolished due to an ongoing litigation in the court. I have a query regarding my tenancy rights. 1) Will I get new place if the building gets redeveloped? 2) If yes, do I need to some procedure for it? 3) Is my tenancy limited to my shop or can I claim my tenancy to the land where my shop is? 4) Does my tenancy extinguish once the structure is demolished? Please help me solve my query. Thanks!

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4 Replies

Advocate Bhartesh goyal (advocate) 10 October 2021

( 1 ) yes, you have right to get new place.

(2 ) contact to local lawyer who will guide you for necessary action.

( 3 ) it depends on landlord where he you shop in same building.

( 4 ) No.

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Pratham Khombhadia 10 October 2021

Thanks for the guidance.

Dr J C Vashista (Advocate) 11 October 2021

I agree with the advise of expert Mr. Bhatesh Goyal, you are entitled for alternate accommodation, if permissible under local laws.

Since the case is pending and you have engaged / paid to a lawyer who is well aware about facts of the case and an able, competent and intelligent enough and bound to satisfy your queries, what is his / her opinion, follow it.

M V Gupta (Advocate) 11 October 2021

In case the building goes for redevelopment, you will be entitled to get a place in the new building of the same area but may not be in the same location in the new building. That is, if the present accommodation is facing the road and advantageously situated for your business, the design of the new building may not permit a similar location. However, these are the issues you have to bargain for before you vacate the present accommodation. As regards the procedure, the owner and the Developer whom he will engage will have to enter into a tripartite agreement with you and other tenants in the building individually in which they will agree to provide accommodation in the new building with an area not less than the area now under your occupation. The tripartite agreement may also indicate the possible location and direction of the new accommodation to be allotted to you. Hence you have to take care to verify the contents of the agreement before executing the same.