Bombay high court order brings respite to tenants of shaky buildings

This is a good move but when there is a dispute on area occupied by tenants then I am not sure how issue will be resolved.

http://www.dnaindia.com/mumbai/report-bombay-high-court-order-brings-respite-to-tenants-of-shaky-buildings-2013304

n what will build confidence among tenants/occupants of shaky buildings who refuse to leave their homes due to fear of losing them permanently, the Bombay high court has ordered Brihanmumbai Municipal Corporation (BMC) to take necessary steps to allay the apprehension.

The high court in a recent order asked the civic body not to issue commence certificate (CC) for redevelopment of the dilapidated structures in the absence of an agreement between landlords and tenants over providing permanent alternative accommodation to the latter.

The court gave the order as part of guidelines in connection with buildings which fall under C1 category (ones which need to be evacuated immediately in view of demolition) structures — both private and BMC-owned.

The order also applies to structures which have been served notice under section 354 of Mumbai Municipal Corporation (MMC) Act, 1888. The guideline was issued after the BMC approached the high court seeking directives in view of the difficulties faced by
it in implementation of notices served under the aforesaid section, given the absence
of specific provisions in the MMC Act for eviction of occupants from the dilapidated buildings.

According to the order, in case privately-owned dangerous buildings are demolished by the corporation in exercise of power under section 354 (read with the order passed), then the BMC shall, while granting sanction of redevelopment, impose a condition in intimation of disapproval (IOD) that no CC will be issued under section 45 of the MRTP Act, 1966 unless and until there is an agreement, either providing a permanent alternative accommodation in a newly-constructed building or a settlement is arrived at by and between the tenants/occupants and the landlord in respect of the said demolished premises is filed with the corporation.

"This guideline will help bring in transparency in the process of redevelopment of shaky structures. The court has also asked BMC to prepare a list of dangerous buildings and also measure the carpet area of their houses. This will help stop cheating of residents/occupants once the project is redeveloped," a senior civic official said.

As reported in dna earlier, the civic body has identified 543 C1 category structures in Mumbai ahead of the monsoon. The 'L' ward, which covers suburbs like Kurla, has the highest number of shaky structures, that is, 100. Some rickety buildings in the city include some of the known structures like Shakti Mills along E Moses Road and Campa Cola factory on BG Kher Marg in Worli.

The issue of rickety structures is of major concern to the BMC as 84 persons lost their lives in four major building crash incidents over the past one year.

tenants who exploit, misuse, harass, misbehave and yet shamelessly want landlords to help

A tenant pays rent of Rs. 40/- p.m. . Misuse common passages etc for storing his belongings. In the mid  night he makes noise by throwing steel vessels ( for what he knows). He has kept surroundings very badly. There was a time when he would go up on terrace and piss in open. He does money lending business by keeping valuables of poor street hawkers etc who keep barging in on common passages on first floor residential areas affecting our safety.

Our mistake : My father gave him his own room without charging anything extra as he belonged to our own community from our hometown and was relative of a close well wisher.

I just got up and came out of my room this morning and Lo! he catches hold of me. He tells that the ceiling plaster has fallen and I must see that. He in the same breath adds that I must share atleast 50% of expense for repairs.

NOTE: I had personally appealed and then sent written request to all tenants to not to stop me on way and come to my office which is in same building for any discussion.

points to ponder:

1.I have been alone paying building taxes which are in thousands.
2. I am alone paying for common electricity bills, maintenance etc..
3. I am alone spending on maintaining common areas, terrace, and several amenities and have spent in lacs if last few years.
4. The shameless tenants pay only Rs 40/- p.m. but use much more the room, common toilets and parking illegally. Tenant Chadha does not even pay rent and has illegally settled a trespasser in building.
5. All hungry government staff specially BMC keep coming on some pretext and seek alms.
6. Even a child knows that building constructed in 1947 will now need major repairs and regularly.
7. They know landlord the shelter provider has no income to carry out any repairs atleast major and in their own rooms. Though I have been doing some urgent repairs of common areas as I know they will rape the building but will not contribute to maintain same.

Options:
1. Tenants have options of keeping good relations with landlord so their is team spirit but unfortunately all good tenants have left the building ( of course after taking market rate compensation) .
2. Tenants have option of persuading and cooperating with landlord for going for redevelopment but instead they do arm twisting by asking 3 times the area in return for giving cooperation. Why should a land lord succum to their blackmailing specially who are giving all sorts of abuses and troubles to landlord?
3. This tenant has always been on the side of most mischievous tenant and now seeks 50% share to repair his house which he used  for 60 years by paying only Rs 40/- p.m..

Rent act laws r reasonable and just but judiciary is sick and delaying so approaching courts is like calling for more trouble and letting advocates etc  loot you without giving any thing in return.