Authority of BMC over MHADA land
Neville
(Querist) 30 November 2009
This query is : Resolved
Hello,
I would like to ask if the BMC can take action on encroachments on MHADA land.
What is the procedure for obtaining a stay when served a notice of eviction / transfer to government housing when staying prior to 1995 on MHADA land.
Regards
Neville Da Silva
prakash vathore
(Expert) 30 November 2009
hi, bmc can take action on encrochment on mahada land.
second question i could not get but if u want to challenge the eviction notice then u have to file suit in city civil court challenging that notice stating that notice is bad in law or illegal.
Neville
(Querist) 30 November 2009
Thank you for your prompt reply.
Can you pl guide me on how to file and on what grounds can I state that I should not be shifted. This is just one house on the land.
Also as I have been cultivating the land from 1986. Can I claim for Adverse possession.
I look forward to your early reply.
Regards
Neville Da Silva Mumbai
Raj Kumar Makkad
(Expert) 30 November 2009
your long possession over the land and proposed action of dispossession without serving any legal notice, equity, natural justice, jurisdiction etc. are some of the grounds which should be inserted by you.
The plea of adverse possession i =s available only against the true owner and it should be hostile which is not available in your case.
joyce
(Expert) 30 November 2009
I agree with raj, aganist govt no suit for adverse possession lies.you can issue the notice or else go for TI showing that u r helpless and will be on road which causes loss n harreshment by such sudden eviction, usually it is far-most difficult to evict the person who is having a long possession. Case will be heavy so engage a good intellectual counsel if u wish to go legaly.
Neville
(Querist) 01 December 2009
Dear Sirs,
I thank you all for your valuable and prompt feedback.
As this is MHADA land , I was advised that I can file a case under the limitation Act. 1963 for adverse possession as I am in possession of the land from 1986.
Can you pl guide me on the above.
Regards
Neville Da Silva Mumbai
Neville
(Querist) 01 December 2009
Dear Sirs,
To add to my earlier message, I am writing to you on behalf of my fried who is a Scheduled Cast. Is there a provision under the SC act which entitles possession to the land which they are cultivating.
Regards
Neville Da Silva Mumbai
Neville
(Querist) 02 December 2009
Dear Sirs,
I look forward to your valuable guidance and recommendations as I can take this forward.
Regards
Neville
