Bmc tenant rights
ravi
(Querist) 20 May 2019
This query is : Resolved
i am bmc tenant staying in a bmc owned building at wadala west made in 1965 ,the building was declared diplated in 2011 an undertaking was given in high courtbby bmc of making redevelopment on same plot in 2016 .on which they will provide an alternate accomadation in mahul we did not accept the alternate premises as mahul goan in chembur is declared unfit for human residing plus it doesnt come in the surrouning area of our original living area as per bmc circular .and filed a case in HC , later bmc provides us alterante accomdation at maitri park chembur , and we have given undertaking regards that we will shift temporarily till redvelpoment process is due done but now bmc submits a review petition in 2018 decalring no redevelopment can be done as lack fsi due to 2034 new dp plan .after challenging review pettition where the court rejected bmc submission saying that "as per earlier declaration bmc has to redevelop and give tenants at same place. but as we have given undertaking of shifting to alternate accomdation , we are afraid after shifting and demolition of our building ,will we be able to shift back to our old premises , what can be done to bound bmc for our sureity , and can we challenge our undertaking declaration on any other remedy pi am bmc tenant staying in a bmc owned building at wadala west made in 1965 ,the building was declared diplated in 2011 an undertaking was given in high courtbby bmc of making redevelopment on same plot in 2016 .on which they will provide an alternate accomadation in mahul we did not accept the alternate premises as mahul goan in chembur is declared unfit for human residing plus it doesnt come in the surrouning area of our original living area as per bmc circular .and filed a case in HC , later bmc provides us alterante accomdation at maitri park chembur , and we have given undertaking regards that we will shift temporarily till redvelpoment process is due done but now bmc submits a review petition in 2018 decalring no redevelopment can be done as lack fsi due to 2034 new dp plan .after challenging review pettition where the court rejected bmc submission saying that "as per earlier declaration bmc has to redevelop and give tenants at same place. but as we have given undertaking of shifting to alternate accomdation , we are afraid after shifting and demolition of our building ,will we be able to shift back to our old premises , what can be done to bound bmc for our sureity , and can we challenge our undertaking declaration on any other remedy please suggest
Dr J C Vashista
(Expert) 20 May 2019
1. Be brief and specific for consideration and obligation of experts.
2. It would be advisable to consult a local prudent lawyer for better appreciation of facts/documents, guidance and proceeding.
