But finally the landlord ( myself and my family members) will be arrested. Pl. advise and help.

But finally the landlord ( myself and my family members) will be arrested. Pl. advise and help.

In Mumbai we see that due to draconian age old rent act the buildings inhabited by tenants keep falling. Actually if tenants were visionary, less greedy and maintained good relations with landlord then it was possible to maintain the building. In fact there are instances but few where tenants ignored rent act and handsomely contributed to repair the building and

​are ​

 liv

 ​ing ​

  in good condition safe building

  ​ post repairs​

 . In few other cases tenants cooperated in redevelopment of building and thereby they got repossession in a new modern building. 

But most other old buildings are in a ruinous condition where tenants are adamant and do not contribute / take steps to maintain the building they live by paying 6

  ​5​

  years old rent , use the building callously, damage same by overloading, drilling, 

 ​carrying 

  out unauthorized repairs, not plugging leakages etc . Instead of maintaining good relations with shelter provider they slap cases on him and try to hurt him more financially by making him spend his scarce resources on costly long drawn court cases. 

As most of you are aware I am co owner of two old buildings in Santacruz east, Mumbai. 

I live

 ​ on​

  first floor and hv my office on ground floor in Tholiya Bhavan. Tholiya Bhavan is made of good construction material, maintained satisfactorily and though there are tenants and 

 ​

 some of the

 ​m​

  are nefarious ( drunkard and doing mischief, not paying rent, misusing etc ) yet building is in good condition. 

The second building Saburi is of 1942 . The tenant Mrs Bina Chowdhuri kept filing cases on earlier landlord. In 1990 I purchased the building and immediately she filed a case on me too falsely claiming terrace etc to be tenanted to her. 

Other tenant and trespassers are not paying rent. They

 ​ ​

 were jointly  exploiting the building to best but not doing anything to maintain same. Building turned in to a ruin. 

The width and height of vakola bridge adjacent to Saburi building was incre

  ​​

 ased

 ​ thus building became low level​

 . On one side is a Mithi river nala. SWD

  ​ ( storm water drain ) ​

 adjacent to building are never cleaned with the result the ground floor of building gets flooded every year. 

  ​The unauthorized hotel has added load of unauthorized shade on building​. Hotel has kept surroundings so bad that it has damaged the building by heavily breeding pests and rodents.

Bina Chowdhury restrained me from going to first floor and terrace 

 ​by obtaining injunction by misrepresentation ​

  and she never repaired terrace. Therefore terrace started leaking and by now heavily. She never repaired the toilet blocks and passage near toilet blocks inspite of written tenancy  agreement, moral duty etc and from there heavy water leakage started to ground floor damaging the ceiling, beams and load bearing walls. 

Since such building hv been falling year after year and affecting precious life and property in the year 2013 a new act was passed where all buildings above 30 years and older are required to be surveyed and stability assessed by a BMC approved civil engineer. This is called structural audit.

In the month of Nov. 2013 we received notice to carry out structural audit of this building. The audit report says clearly that building is in falling condition. The report was submitted to H/East ward office of BMC in Dec 201

  ​3​

 .

After long wait of 4 months BMC 

 ​ha​

 s sent me a notice to get the building vacated. They have added a funny demand that I prop up this building. 

My request to you is to advise me : 

1. How do I get building vacated from the tenants and trespassers? 

2. How do I get the building propped up? Can anyone suggest any agency who can do this and take the risk on their head that while propping and in near future thereafter the building will not fall? 

Pl. advise and help. 

Repercussions if building falls: 

1. Loss of life and property of occupiers.
2. loss of life and property of near by inhabitants. 
3. AS we  regularly read in paper the owner of building is arrested post fall of building . Buildings fall because of old rent act, non paying tenant, police not removing trespassers, tenants neglecting the tenanted premises, tenants not cooperating for redevelopment, RBI and banks not financing landlords for redevelopment, BMC patronizing illegal work by tenant/ trespasser for a bribe,
     ​BMC officials​
     allowing illegal hotel in property by taking huge bribe, water dept giving water to illegal hotel inspite of 
    ​being ​
    regular defaulter,
    ​ BMC building and proposal dept taking bribe in crores for clearing new development proposal which landlord can't afford ( and only mafia and builders can afford easily) ​
     and so on
    ​ like ​
     Courts delaying the matter for couple of decades. 
     ​Still all these people go scot free and ........​

 the landlord 

 ​is 

 arrested. 

Pl. advise and help. 

Thanks and Regards,
Alok Tholiya,

09324225699 /   02226125699/26173203

Area-wise parking rates approved in Mumbai

While there is a very high parking charges for car parking all over Mumbai but my tenants and trespassers do not pay anything for parking a car. What is a remedy? Should I file a case on them.


Linah Baliga,TNN | Dec 12, 2013, 02.18 AM IST  Times Of India  

MUMBAI: The BMC is set to implement a graded pay-and-park scheme for the suburbs and the island city with rates jumping up to three times, ban paid parking within 100m of educational institutions and introduce permits for residents for street parking.

The base rate approved for BMC parking lots in the island city is Rs 60 for every hour, Rs 40 for the western suburbs and Rs 20 for the eastern suburbs. Earlier, the BMC charged Rs 20 per hour across the city, including the suburbs.

The comprehensive parking policy, which got approval from group leaders of all parties on Wednesday, will be implemented within a month after being tabled at the civic improvements' committee.

For the first time, residents will need permits at a minimal rate to keep their cars on roads. Housing societies will have to apply to the ward officer. Each flat-owner will get one slot; multiple slots will depend on availability of space. "This will happen in a phased manner and will be executed through ward officer and housing society," said S V R Srinivas, additional municipal commissioner.

Explaining the steep parking rate hike, he added: "Traffic congestion is worst in the island city as it is a business district. The hike in rates for island city is to deter people from parking for long hours. Also, the paying capacity in south Mumbai is more." The hike is mainly aimed at regulating traffic by encouraging people to walk or use public transport and not at revenue generation, he added.

The scrapping of pay-and-park facilities outside educational institutes will prevent congestion and allow easy movement of students. "There would be no pay-n-park within a 100m radius of schools and colleges as there are school buses. When I visited schools like Cathedral and Campion in south Mumbai, I found congestion and students facing inconvenience. These areas will be freed of parking. Seven parking lots on Mahapalika Marg will be cancelled, said Srinivas, adding that it is a calibrated policy, meaning 50% of these proscribed parking facilities will be available on Sundays and bank holidays.

The policy also aims to utilize malls and movie theatres for night parking by residents of the area at a minimal charge.

Public transport like taxis, rickshaws and private buses will be charged one-fourth the new parking rates. So, if it is Rs 40 per hour for cars, it will be Rs 10 for cabs.

Also parking on roads in the vicinity of public parking lots (PPL) will cost four times the rate inside the PPL. The city's first large scale PPL was opened at Apollo Mills in Lower Parel in June with a capacity of 650 cars.

http://timesofindia.indiatimes.com/city/mumbai/Area-wise-parking-rates-approved-in-Mumbai/articleshow/27231126.cms

------------------------------------------------------------------------------------------------------------

http://www.csia.in/atcsia/parking-facility.aspx

At CSIA Airport Information | Parking facility and fees

www.csia.in/atcsia/parking-facility.aspx‎

Parking facility and fees.

PARKING FACILITY AND FEES

CSIA has a well planned car parking facility at both domestic as well as international terminals. Car parking areas are designated as per the convenience of the passengers. These car parking areas are well maintained and operational throughout the day. Specific pick up and drop off points are assigned across terminals. Frequent travellers can avail the monthly car parking pass. Two wheeler parking is also available at all terminals.

The car parking capacity as per terminals is as follows:
Domestic Terminal – 750 car slots
International Terminal - 1500 car slots.

• PARKING RATES
• INTERNATIONAL TERMINAL
• DOMESTIC TERMINAL

Premium park	Timings	New Rates (In Rs.)
4 Wheeler	0 - 30 mins	110
	30 mins - 120 mins	180
	120 mins - 180 mins	260
	180 mins - 240 mins	340
	Subsequent hr. per hour upto 8 hrs	110
	8 Hrs - 24 Hrs	1100

BMC Notice for structural audit for Tholiya Bhavan as per legal requirement

I welcome this act which asks for compulsory structural audit of buildings older then 30 years. However same law does not bind local politicians and BMC officials in any way to act in particular time frame after having received the report. For my other building while I gave the report in time and report says building is very old and dilapidated but BMC has it seems just filed the report. I have sent copy to local police, local corporator too but response and advise from them is still awaited. All laws which bind citizens must also bind govt officials too to act in particular time frame or the same punishment as envisaged under law against citizens should also be applicable to officials and area elected representatives. 

My poor tenant and their costly counsels and courts not asking for proof

[What they said about Adcocates] My poor tenant and their costly counsels and courts not asking for proof

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Blogger	5:40 PM (4 hours ago)
to me

In 1989  I purchased building now known as Saburi at Vakola Bridge Santacruz East, In 1990  tenant Mrs Bina Chowdhari filed a case claiming tenancy right to terrace, exterior walls ( do not laugh as court gave the injunction in her favour without seeing any proof of claim which of course she does not possess).
The case is on till date and not reached even half the stage.

Our jurisdiction court is is Bandra ( western suburbs of Mumbai). for tenancy cases in Small Causes court. The Head office of this court which is a main court for rent act matters is at Princess street , Dhobi taloa , Marine lines. It is about 20 KM away from Bandra court. Main court being old has many more seasoned advocates, have their offices near by , they also easily practice  high court which is near by, the clients they cater are from posh south Mumbai so the property is precious and much costlier then suburbs.

All this would normally mean that advocates who are practicing in main small causes court are busy and costly. A busy senior professional would visit for one or few client specially suburbs would naturally mean that he is suitable compensated.
I have heard Advocate's like Harish Salvi even demand charter flight. My one family member was sent to Ad Mrunali for family court issue and she charged Rs 20000/- for so called conference of 5 minutes. This member had gone thru a good reference still she was charged that high , not offered any solution, not offered tea. These are present day professional  specially advocates, their charges and their rubab.

Mrs. Bina Chowdhari for over 20 years is represented by Ad Amin Nathani. who mainly practices in Main court. Has his office in South Mumbai. Owns a luxury car driven by chauffeur. Is very successful. Prepares well. Fights aggressively. And in my matter since their is no weight in matter he is able to delay the same successfully instead of trying to take it to logical end or resolve amicably.His client and my tenant Mrs Bina Chowdhri is aged above 80 years and in interim application he has filed for expediting the application on the grounds of senior citizen but does not do so for main suit for obvious reason as case is filed with no sufficient cause and for entangling me in to litigation and for arm-twisting.
Today in CR no 35 Ad Nathani said that his client is poor and old and can not afford to pay the permitted increases in rent if landlord asks for same suddenly. On a rent of Rs 138/- or so per month  ( for commercial premises in a crucial area near BKC and Airport)  the permitted increases would be few rupees. I have not worked out same and not demanded same as she thru her advocate is bound to calculate it differently will find fresh reason to delay the main suit by filing a disagreement with my claim. I have in writing before the court exempted her from paying same. I am not claiming permitted increases which are amount a beggar does not accept  now a days from my other tenants in other building too where rent for a room is Rs 30/- p..m. and permitted increases is 4%. Do u want to collect same after paying huge fees to consultant and then fear of entering in to dispute on calculation?

So as per Shri Nathani ji the Ld. Advocate of my old ailing client is poor and which he can say so before court. However she  can afford such a senior, seasoned, renowned advocate specially driving down to congested western suburbs for her, file application after application and delay the main suit for 23 years.
By the way she has another huge tenanted property of Wadia's under her. She is also tenant of entire bungalow just adjecent to 7 star delux hotel Grand hayatt at Vakola. She had another property which she sold some years back. She has 3 sons ( one of whom is a advocate and another very senior executive in corporate house) and a daughter who also is more then LLM atleast while in court.

Similarly in another matter Ad D C Mehta said my client can not afford to  pay mesne profit at market rate ( rent fixed by court on evicted tenant). However this client travels world over every year, has palatial bungalow in Jaipur and so on and best is can afford senior counsel like Ad D C Mehta who can so easily make believe court what is not true.

should not court ask them to furnish their balance sheets, passport, IT return, details of property and business owned, run , tenanted?? And if really poor then why not advise them to go to legal aid at high court for economically weak??




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LIC protecting misrepresentation by Madhukar Purohit

I had made a complaint to LIC , Yogkshem office that One Madhukar Purohit has taken a LIC policy with total misrepresentation viz.
1. He is permanently settled in Jaipur but for fabricating documents to show he is staying in Mumbai he has declared that he is permanent resident of Mumbai.
2. He has not declared that he is suffering from Lucoderma and declared that he is fit where as he has over 70% white patch on his body.
3. Inspite of this he has managed medical report stating that he does not suffer from any disease.
4. He had over 5 policies in Jaipur and has taken Life cover even in US but he has declared that this is his first policy.
I have substantiated everything to LIC but LIC for the sake of more business has covered up everything.
Details of Policy taken with false declaration
Insured Name : Madhukar Purohit
Policy no. 894441655
dt 28/09/10

Plan 165/ 15 for Rs 1 Lac
Branch 893 Jeevan Seva Bldg, Gr. Fl., S V Rd., Santacruz West.

His old policies issued by Jaipur LIC:
1. 193910327
2. 190554986
3. 048902912
4. 190554985
5. 190555509

Against repeat complaint LIC Executive Director (RTI) /CPIO replied vide their letter no. RTI/CO/Ashok Godha 911/SSN/201314 dt 30/10/2013 replied that no inquiry or investigation has been conducted on the complaint.

So LIC has not even taken any cognizance of complaint. Not bothered to reply. No action on fraud proposer or doctor etc..

And we are all proud of LIC.

Pl. advise whther to pay increased BMC property tax and where to pay from????

Why I am not son of IAS,IPS,IRS,VIP,Mafia,Judge, doctor,Builder other professional, milk vendor and so on who can charge as they like or even loot  and why I am a AAM ADMI? 


Dear All, 

I have received today notice from BMC demanding increased property tax from back date from 2010. The notice is claiming Rs. 25967/- . In case of failure to pay they have threatened to levy penalty of 2% per month that is 24% per year besides penal action and auctioning the property.

Sir/s, 

Out of three tenants and two trespassers only one tenant pays Rs 34 pm to me as rent. 

The tenant Chadha has two cars worth Rs 13 lacs and all other luxury but does not pay rent as he and other defaulters know that I will have to spend life and Rs. 1 lac minimum in court case for trying to recover rent which may still be elusive as he will deposit in court. 

The Purohits lost case in 2009 and were decreed but went in to 2 bench appeal where they have hired Ad  D C mehta who knows how to delay matter and does not us law but uses machinery for delaying. Ad mehta is a very costly advocate but he claimed my client is not able to pay more then Rs 200/- p.m. as mesne profit . It is on the record of court that his client has more then 5 vehicles, palatial bungalow, travel by air several time to US and other countries, has office and house in Newyork too. But court fixed mesne profit as only Rs 1000/- which I can not withdraw till order ( which is elusive for 5 years) . I asked thru RTI info on how the court has fixed in other mesne profit  but court has only made me run here and there and denied info on procedural ground . I asked AAP volunteer to file similar RTI in same court but he too got tired. 

I am not allowed to increase rent as much as BMC or others hike be it railways, professionals, grocers, parking lot wala's, milk vendor,Reliance energy, schools, colleges, doctors, hospitals, hotels and so on. . 

I am not allowed to charge interest more then 9% from defaulting tenants and can not evict them but BMC is charging 24% interest and can take penal action and also auction my property. 

I wonder what sin I had committed in last life that I am not a son of IAS,IPS, JUDGE, VIP etc ??? Why I am a AAM Admi? 

Sir do I pay these taxes ???? Pl. advise?? 

Also advise where do I get these funds if I do not have post where I can get bribe or commit scam?? 

Thanks and Regards,

Alok Tholiya,

09324225699 /   02226125699/26173203