Restroation of possession
BHARTI KOTHARI
(Querist) 06 July 2017
This query is : Open
owner has got notice from corporation of dielapted structure (s.354 MMC Act) by manipulating the authorities and then under the guise of said notice without giving notice to tanant it seems that the corporation has demolished the stracture when the tennant was not there without his consent and thereby dispossesed him. kindly suggest remedy.
Hemant Agarwal
(Expert) 07 July 2017
1. Move the Criminal Courts and the Civil Courts, for relief.
2. LOGICALLY & LITERALLY nothing can be achieved, AFTER the demolition is conducted.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Raj Kumar Makkad
(Expert) 07 July 2017
BMC if finds any building in dangerous and dilapidated condition, danger for general public then it shall designate it as category C and shall thereafter issue notice under section 354 MMC Act to the occupant of the building and then BMC will independently inspect buildings before labelling them C-1. If found highly dangerous, BMC will give seven days to occupants to vacate. BMC can then disconnect water, gas and power supply to the building If occupants refuse to vacate the building, BMC. If ot seems any resistance, can use police force.After their eviction, BMC can then demolish the building. There is no need to obtain the consent of the tenant.
If tenant/occupant of building can only claim for the damages, if he has suffered due to the action of the authorities only if the action was taken before expiry of the notice period.
Kumar Doab
(Expert) 07 July 2017
You can benefit from the advice of experts.
Dr J C Vashista
(Expert) 10 July 2017
Well advised by experts Mr. Raj Kumar Makkad and Mr. Hemant Agarwal, I endorse.
On the point of intimation to occupant before demolition, it is improbable that BMC shall take any action without proper notice to the landlord. If so, move to Competent Authority (appellate court/ authority) designated under the provision of BMC Act through a local lawyer.
Kumar Doab
(Expert) 10 July 2017
The querist could have posted the said notice was received or not!
Agreed with experts.
BHARTI KOTHARI
(Querist) 15 August 2017
can i file suit before small causes court act i.e. rent act since it is dispute between land lord and tennant
