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shabbir boltwala (N A)     21 March 2011

MRTP ACT.

BLDG. A SITUATED IN MUMBAI,OWNER LANDLORD, IN 2005 GAVE A FLAT ON TENANCY RIGHTS TO "szb"ON 2004.AFTER 2 YRS WITH TENANT AND LANDLORD CONTRIBUTION FULL BLDG GOT RENOVATED/REFUBISHED.THE TENANT  szb ALSO CONTRIBUTED AFTER  A FLOOR PLAN CERTIFYING HIS AREA WAS GIVEN BY LANDLORD THRU ARCHITECT.

IN SEPT. 2008 MUNCIPAL CORP MUMBAI ISSUED A NOTICE UNDER SEC.53A OF MRTP WITH A PLAN MARKED IN RED, ALLEGING THAT "BIFURCATION OF FLAT{DIVISION OF FLAT ) AND WALL DIVIDING FLAT WITH szb NEIGHBOUR IS ILLEGAL, N THAT AREA MARKED IN RED BE RESTORED.SIMILAR NOTICE WA ALSO SERVED TO szb NEIGHBOUR AND IN BOTH NOTICE LANDLORD NAME AS SECOND ACCUSED IS SHOWN.

szb THRU IS ADVOCATE REPLIED IN JAN.2009, AFTER GETTING ALL FACTS IN PLACE, 1) HE HAS COME IN AS TENANT ONLY IN 2004, 2)HE HAS NOT MADE ANY STRUCTURAL CHANGES OR DIVISION WALL IN THE FLAT 3)FLATS WERE DIVIDED IN "60 S" BY FAMILY PARTION AND DURING PREVIOUS LANDLORD(present landlord tookover 1995).

2010 szb RECIVED CALL FROMPOLICE STATIONWHICH HE AS ALSO HIS NEIGHBOUR ATTENDED AND NEIGHBOUR WITH ALL PAPER OCUMENTS WERE PRODUCED TO POLICE AS ALSO TO MUNCIPAL CORP.

THERE AFTER ALL REMAINED SILENT.

IN JAN 2011 AGAIN POLICE CALLED AND THRETANED TO ARREST  szb N NEIGHBOUR, IF THE MATTER WITH CORP. IS NOT SORTED OUT.

QUERY. 1) IS MRTP APPLICABLE IN MATTER OF AARTMENT? 2)WHAT ARE THE OPTION AVAILABLE TO TENANT  szb AS HE HAS COME IN POSSESSION ONLY IN 2004.?
 



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