Demolition

Querist : Anonymous (Querist) 04 July 2024 This query is : Resolved
My chawl simce 1960 built was demolished by MMRDA SAYING ILLEGAL in kongoan bhiwandi 421311

I am tenant have rent agreements rwnt receipt since 1983

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T. Kalaiselvan, Advocate (Expert) 04 July 2024
You may approach civil court with suit for permanent injunction agaisnt the demolition.
However, once a tenant is always the tenant, hence you may take the assistance of your landlord to overcome this legally

Querist : Anonymous (Querist) 04 July 2024
Landlord demised in 2022

Local.court mein already case was going on with landlords relatives jn whixh MMRDA WAS also a party we replied them.on emails by visiting their office sending thm drafts still they bought 50 police and demolished it

I wanted to know my rights post this now

T. Kalaiselvan, Advocate (Expert) 04 July 2024
If the authorities have demolished the property by an order of the court or a competent authority then being a tenant you cannot object nor you can protest.
The police cannot forcibly throw you out to assist the authorities to demolish house property. They certainly would have issued a notice to you.
If you have not approached court with a suit for permanent injunction at that time then there is no point in repenting over it at this stage.
You presumably were overconfident thinking that nobody can evict you since you are residing there for almost four decades.
This might be due to some misguidance.
Now since you have been dispossessed, you cannot seek possession.
Any case you may plan to file at this stage may not be maintainable nor it would fetch you any relief.

Querist : Anonymous (Querist) 04 July 2024
We were chawl people unaware of MMRDA will take such action inspite of replying them via drafts( sent thru advocate ) when they issued us notice ... there ia certain procedure before demolition also everybody cant afford court to file suits ... every now & thn !!. Wht abt tenancy rights is this not illegal to demolish who is been residing since 4 decades inspite of replying them ??

T. Kalaiselvan, Advocate (Expert) 05 July 2024
There's no point in creating sympathy here when you failed to take proper legal action to protect your tenancy rights at that time.
You may not get any relief now due to your negligent act.

P. Venu (Expert) 23 July 2024
Any resolution of the issue could only be possible through judicial forums. You also have the option of intervention of Human Rights Commissions.

Querist : Anonymous (Querist) 23 July 2024
Thanks

How to approch human rights commission

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