Cinmj 29 June 2020

Tenancy after building in c1 category

We have been tenants for around 20 years & recently the building has come under the C1 category. Some of the tenants haven’t been living here but paying the rent regularly.

The landlord is going behind our back and speaking with builders for redevelopment. At the same time, he has sent us a notice to evacuate because of the C1 category.

It’s very evident that he wants us out of the picture & keep the redevelopment benefits to himself.

My question is,

can he legally do this?
What steps do we need to take in order to prevent this? And what about tenants who are not currently living here?
After preventing this, are we entitled to ownership post redevelopment?
In case we decide to leave, what is the percentage split are we entitled to?

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Quick Summary

Tenants in a building recently reclassified as C1 category are facing eviction notices from their landlord, who is pursuing redevelopment. The tenants question the legality of the eviction, seeking to understand their rights, how to prevent being displaced, and potential claims to ownership or a share of profits post-redevelopment. Advice suggests consulting a legal professional as landlords generally have rights to evict for redevelopment, though tenants may have claims for alternative accommodation under specific rent control acts if they meet certain criteria.

4 Replies

Dr J C Vashista (Advocate) 29 June 2020

@ Cinmj,

Which catagory is prescribed " as "C-1 " and which law/ Act, which is not found mentioned in Transfer of Properties Act, 1882 or Delhi Rent Control Act , 1958?

Who have catagorised the properties as "C-1" ?

What are other catagories of properties ?

G.L.N. Prasad (Retired employee.) 29 June 2020

You can not get such detailed answers from an open forum. Contact a local advocate or such a redevelopment scheme beneficiaries for proper guidance.

Kishor Mehta (CEO) 29 June 2020

𝘾1 𝙘𝙖𝙩𝙚𝙜𝙤𝙧𝙮 𝙗𝙪𝙞𝙡𝙙𝙞𝙣𝙜𝙨, 𝙞𝙣 𝙈𝙪𝙢𝙗𝙖𝙞, 𝙖𝙧𝙚 𝙩𝙤 𝙗𝙚 𝙘𝙤𝙢𝙥𝙪𝙡𝙨𝙤𝙧𝙞𝙡𝙮 𝙧𝙚𝙙𝙚𝙫𝙚𝙡𝙤𝙥𝙚𝙙. 𝙔𝙤𝙪 𝙘𝙖𝙣 𝙖𝙥𝙥𝙧𝙤𝙖𝙘𝙝 𝙩𝙝𝙚 𝘾𝙤𝙪𝙧𝙩 𝙛𝙤𝙧 𝙩𝙚𝙢𝙥𝙤𝙧𝙖𝙧𝙮 𝙧𝙚𝙡𝙞𝙚𝙛. 𝙔𝙤𝙪 𝙙𝙤 𝙣𝙤𝙩 𝙝𝙖𝙫𝙚 𝙖 𝙡𝙚𝙜𝙖𝙡 𝙧𝙞𝙜𝙝𝙩 𝙩𝙤 𝙙𝙚𝙢𝙖𝙣𝙙 𝙖𝙣𝙮 𝙘𝙤𝙢𝙥𝙚𝙣𝙨𝙖𝙩𝙞𝙤𝙣. 𝙃𝙤𝙬𝙚𝙫𝙚𝙧, 𝙞𝙛 𝙩𝙝𝙚 𝙧𝙚𝙣𝙩 𝙧𝙚𝙘𝙚𝙞𝙥𝙩 𝙨𝙩𝙖𝙣𝙙𝙨 𝙞𝙣 𝙮𝙤𝙪𝙧 𝙣𝙖𝙢𝙚 𝙖𝙣𝙙 𝙞𝙛 𝙮𝙤𝙪 𝙝𝙖𝙫𝙚 𝙗𝙚𝙚𝙣 𝙤𝙗𝙨𝙚𝙧𝙫𝙞𝙣𝙜 𝙩𝙝𝙚 𝙧𝙪𝙡𝙚𝙨 𝙤𝙛 𝙈𝙖𝙝𝙖𝙧𝙖𝙨𝙝𝙩𝙧𝙖 𝙧𝙚𝙣𝙩 𝙘𝙤𝙣𝙩𝙧𝙤𝙡 𝙖𝙘𝙩, 𝙮𝙤𝙪 𝙘𝙖𝙣 𝙘𝙡𝙖𝙞𝙢 𝙖𝙡𝙩𝙚𝙧𝙣𝙖𝙩𝙚 𝙖𝙘𝙘𝙤𝙢𝙢𝙤𝙙𝙖𝙩𝙞𝙤𝙣 𝙤𝙛 𝙩𝙝𝙚 𝙨𝙖𝙢𝙚 𝙖𝙧𝙚𝙖 𝙞𝙣 𝙩𝙝𝙚 𝙧𝙚𝙙𝙚𝙫𝙚𝙡𝙤𝙥𝙚𝙙 𝙗𝙪𝙞𝙡𝙙𝙞𝙣𝙜. 𝙔𝙤𝙪 𝙝𝙖𝙙 𝙗𝙚𝙩𝙩𝙚𝙧 𝙘𝙤𝙣𝙨𝙪𝙡𝙩 𝙖 𝙥𝙧𝙖𝙘𝙩𝙞𝙨𝙞𝙣𝙜 𝙖𝙙𝙫𝙤𝙘𝙖𝙩𝙚.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 29 June 2020

owners are having rights to evacuate tenants for their redevelopment . Under the Rent Control Act, landlords can evict tenants only under specific grounds, which include willful default in rent payment, subletting without the prior consent, causing nuisance or when the landlord himself requires premises for personal occupation.