Brief status:
1) We are tenants of Todi Buildings in JB Nagar. There are two buildings constructed in 1962 with each building having 25 and 13 tenanted flats of 225, 375, 550 sq. ft. Carpet.
2) Till year 2006 these buildings were owned by Bhagwan das Todi Charitable Trust and now by AJ Construction & Aakash Construction as the trust sold the buildings to new land lords without any intimation to tenants who had offered to buy their premises from the trust at higher price.
3) The new land lord have adopted threatening and pressurizing tactics and have filed eviction suits against all the tenants on flimsy grounds and have refused to repair the building which are in highly dilapidated condition but repairable.
4) Tenants have lodged several complaints with police but they have just registered an NC under section 503 & 506 and have taken no action whatsoever.
5) Due to continued threats and harassment from new land lord’s tenants have formed an association known as Todi Building Welfare Association which is registered with the office of Charity Commissioner.
6) In spite of several written request BMC is not giving permission to tenants to undertake repairs to the buildings and have been delaying the matter under false pretexts as it is hand in glove with new land lords.
7) Due to this tenants association filed a WRIT PETION NO. 2028 in High Court in 2008 and court ordered BMC to act in the matter and grant permission requested by tenants.
8) Even after court order BMC did not act in the matter and the tenants were compelled to file Contempt Petition No. 113 in October 2009.
9) BMC has admitted contempt but the court is yet to give a judgment in the matter. Pl. help us in tackling the matter as due to corruption in BMC matter is delayed and we have monsoon on hand.
Queries:
a) a) Can the tenants file criminal case against BMC and new land lords for criminal conspiracy without any sanction from Govt.? If at all sanction is required what is the procedure?
b) b) What can be done to expedite judgment in contempt petition?
c) c) A reputed builder is willing to take over the buildings by paying reasonable premium to land lords over the actual amount spent by them so far and redevelop the buildings and is willing to offer the tenants premises on ownership basis of equal area. Can we make an application in High Court jointly with the builder for this?
