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.

'Tenants' and their rights

What are the rights of statutory tenant, lessee and licensee? 

Letting out premises is a sensitive issue. Both landlords and tenants turn hawkish in any discussion on this. The battle of owners versus occupiers would turn less hostile if each understood their limits, claiming only that which is rightfully theirs. There can be roughly three kinds of occupation – statutory tenant, lessee and licensee. Described below are the rights of each of them.
1. Statutory Tenant: A tenant is a protected species under the Maharashtra Rent Control Act, 1999 and is often aptly referred to as a statutory tenant. He can be evicted only on the limited grounds mentioned in the said Act. The most common ground being “the premises are reasonably and bona fide required by the landlord for occupation by himself or by any person for whose benefit the premises is held.” It is justifiable that ‘destruction of the premises by the tenant’ gives the landlord the right to seek repossession of his property and end the tenancy. Change of use, as well as/or non-use of the premises by the tenant for a continuous period of six months, is yet another ground for eviction under section 16 of the Rent Control Act.
A statutory tenant pays a nominal rent. Upon his death, any relative residing with him at the time of his demise steps into the former’s shoes by law. No testamentary bequest can be made by the tenant in respect of his tenancy rights nor can he transfer, mortgage, sub-let, give on license basis, or otherwise part with his tenancy rights. A tenancy is a creation of the statute and lives as well as falls as by the provisions thereof.  Any transgression may cost a tenant dear.
2. Lessee: In the hierarchy of possessory rights, the position of the lessee is far superior. Here, the Transfer of Property Act comes into play. It is a transfer of a right to enjoy property by the lessor/owner in favour of the lessee, so much so that, unless there is a contract or a local usage to the contrary, a lessee can assign, sub-lease, mortgage, or part with his interest in the property. A lessee does not live under the fear that, on the grounds of bona fide requirements his lessor will have him evicted from the premises. He breathes freer air. It is not unusual to come across leases for a term of 100 years or even in perpetuity. There is precious little that an owner can do once he has leased out his property.
3. Licensee: A licensee finds a place for himself at the bottom of the pyramid. He has no interest whatsoever in the premises. As suggested by the term ‘license’, a licensee occupies premises at the pleasure of the licensor/owner.
In wonderful legalese, section 52 of the Indian Easement Act, 1882 defines ‘license’ as follows. “Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license”.
This wafer thin right is therefore regarded as the safest option by premises owners in Mumbai. And why not: if a licensee refuses to vacate residential premises, under the Rent Act, a fast track Competent Authority can decide on matters governing eviction and mesne profits. Mesne profits can be as much as twice the license fee fixed under the agreement.
Needless to add, all the three types of instruments- tenancy agreement, lease deed and a leave and license agreement- are compulsorily registerable. Not registering of a tenancy or a leave and license agreement can land the landlord/owner behind bars for a term extending up to three months!

So RTI has been weakened by two ways one SIC delaying orders and second not punishing erring PIO's.

So RTI has been weakened by two ways one SIC delaying orders and second not punishing erring PIO's.

Bhaskar Prabhu

9 hrs · 

fyI

RTI: Information commission lenient on govt depts? - The Times of India

Waiving off fine has become a new trend in UP State Information Commission (UPSIC).Here are...

TIMESOFINDIA.INDIATIMES.COM

UnlikeUnlike ·  · Share

• You, Shailesh Gandhi and 9 others like this.
• 1 share
• 

  Alok Tholiya One Madhukar Purohit had his names enrolled in jaipur and Mumbai. Against my complaint to Kherwadi Assembly Election officer for deletion of name Purohit on oath wrote to election officer that his name does not appear anywhere except in Kherwadi assembly constituency. I furnished all records to prove that his passport, his business licences, his bank accounts , his mobiles, his phones, his club memberships, all 5 vehicles are all registered at his Jaipur address where he owns a palatial bungalow. First they continued his name. Then I gave them as proof copy of election roll of Jaipur where his name was appearing FOR YEARS.So I finally made two requests to Kherwadi Election Officer that not only now his name be deleted but also necessary action be taken on him for lying before quasi judicial body as well as for enrolling with full knowledge names at two places. They deleted his name but did not take action on his extra legal acts. Then I wrote to higher ups but heard nothing from them so I filed RTI. PIO did not reply. Then First appeal officer did not bother. Then I went to SIC. He asked them to give all papers in file but did not ask them to take action. But worst is he did not take action on PIO. When I made repeat complaint then he directed Election Commissioner to take departmental action. 10 moths have passed but no action has been taken by Collector Western Suburbs , Mumbai who is supposed to act. So RTI has been weakened by two ways one SIC delaying orders and second not punishing erring PIO's.

  4 hrs · Like · 1

no right to those who illegally possess property

taken with thanks from: GEEK UPD8

http://law.geekupd8.com/2014/05/Injunction-is-a-relief-of-discretion-and-should-not-be-given-to-a-person-who-approaches-the-court-with-soil-hands.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+GeekUpd8-LawBlog+%28Geek+Upd8+-+Law+Reporter%29

A person in long possession of property without any right, title, grant, lease - Such possession does not give any right to the person to retain possession against true owner and not entitled to injunction Posted: 20 May 2014 02:27 PM PDT PUNJAB AND HARYANA HIGH COURT Before :- R.L. Anand, J. C.R. No. 1666 of 1999. D/d. 21.7.2000. Jit Singh - Petitioner Versus Sardara Singh - Respondents For the Petitioner :- Mr. Arun Palli, Advocate. For the Respondents :- Mr. Vijay Sharma, Advocate. JUDGMENT R.L. Anand, J. - Whether long possession per se, if it is without valid title or right to occupy the land/property, gives a right to the occupier to retain such possession against a rightful/lawful owner is going to be adjudicated in the present revision as this aspect of the case is being confronted by the subordinate courts in different litigations and in the High Court also many litigations on this aspect of the law are being entertained. Read more » Compiled by Puneet Batish for Law Reporter 'http://law.geekupd8.com for providing latest updates on Immigration laws, how-to's, acts and much more.

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