Eviction under 95(a) by mbr&rb
Sundeep Gavaskar
(Querist) 01 December 2013
This query is : Resolved
Our building is being redeveloped under 33(7) of 13 flats. We 13 flats had given consent for redevelopment, I have also given consent. I have not vacated the premises as my agreement is not made by the developer and I am in possession of existing premises. My legal suit is pending in the court against the developer for not disturbing my possession of premises and MBR&RB (MHADA) as party to it. Developer has not entered into agreement with me for PAA. Developer does not have approved plan from MCGM for allotted area agreed by him to be allotted to me in the new developed building as per present DCR and developer's letter to me about the same. Developer has done partial demolition work in the building and created a inhabitable situation and now has approached MBR&RB (MHADA)and initiated eviction procedure against me. MBR&RB (MHADA) has send me a show cause notice for eviction proceeding against me as non-co-operative tenant.
Can MBR&RB (MHADA) evict me ?
What measures should I take in the matter ? kindly advise .
Surrender K Singal
(Expert) 02 December 2013
Mr V R Shroff being around Mumbai / MahaRASHTRA could help you better !
Raj Kumar Makkad
(Expert) 03 December 2013
If the building is not in inhabitable condition then definitely MBR & RB can evict you keeping in view the condition of the building so better to obtain stay order against the builder/developer from the court not to change the ground situation till the decision of the suit.
Surrender K Singal
(Expert) 04 December 2013
Mr. Makkad has advised for immediate action for timely remedy
