Slum rehabilitation.
Mustapha Plummer
(Querist) 29 October 2011
This query is : Resolved
Dear Sir plz read an atcched document & comment plz what should be our course of action to safe guard our rights.
1. That We have been lawfully occupying and using for our business of plumbing, engineering, P.V.C., pipes and other allied articles, the property mentioned hereinabove, for the last 100 years.
2. That we have been using the said property for business as tenants, of which we were regularly paying rent. In or about 1960, the said property and other adjacent properties had been taken over by Bombay Municipal Corporation/ Brihanmumbai Mahanagarpalika. As soon as the said Brihanmumbai Mahanagarpalika started issuing bills, we continued to pay the necessary rent to them.
3. We have been regularly paying property tax in respect of the said property and also have been regularly paying electricity bills.
4. In or about in the Year 2000 A.D , we learnt that we have been transferred as Vacant Land Tenant (“V.L.T”) instead of permanent tenant of the two godowns, one garage, one room for the residence of employees and some open space being used for storage of material, admeasuring about 2000 sq.ft. We preferred an application under the Right of Information Act, requesting for information regarding the area and the status of the property. By a letter dated November 10, 2006, we were informed that we were Building Tenancy and not V.L.T., and to take the same status of tenancy on Municipal record at Ward level and issue necessary receipts towards recovery of rent.
5. We were notified by the Brihanmumbai Mahanagarpalika vide its letter dated November 10, 2006 have clearly mentioned that our status be correctly changed as Building Tenancy instead of V.L.T. and to take the same status of tenancy on Municipal record.
6. We were told by the Brihan Mumbai Mahanagarpalika vide its letter dated December 12, 2006, addressed and informed the Deputy Collector of Slum Rehabilitation Authority (“SRA”) that the property admeasuring about 1725 sq.ft. stands in our name as Building Tenancy on a monthly basis and are not V.L.T.
7. We were told by the Corporation vide its letter dated December 18, 2006, addressed , the Joint Municipal Commissioner (Improvement) has been please to sanction for the change of the status from V.L.T. to commercial Building Tenancy.
8. On follow up with the SRA, SRA vide its letter dated January __, 2007, informed the Municipal Corporation, that Annexure 2 has beeen amended and
sent.. However, Brihanmumbai Mahanagarpalika vide its letter dated March 29, 2007, requested Colony Officer, F/South Ward, to modify the Annexure II and change the status of tenancy as Building Tenancy with 1725sq.ft area and issue the same as required by the Secretary, S.R.A.
9. The Municipal Corporation of Greater Mumbai, vide its letter dated October 1, 2007, informed SRA, that the Estate Department of Municipal Corporation has with the approval of the Assistant Commissioner (Improvement) converted the lease of the vacant plot in our name to Mahalaxmi Co-operative Housing Society, into permanent Building Tenancy and that changes in Annexure II will be made accordingly.
10.Municipal Corporation of Greater Mumbai, vide its letter dated February 10, 2010, addressed and informed SRA, that the Estate Department of Municipal Corporation has with the approval of the Assistant Commissioner (Improvement) converted the lease of the plot in our name of to Mahalaxmi Co-operative Housing Society, into permanent Building Tenancy and that changes in Annexure II will be made accordingly.
11. To our utter shock and surprise, on May 12, 2010, Municipal Corporation of Greater Mumbai demolished the entire property of ours being about 1725 sq.ft carpet area .We lost our goods & stocks of more than 52- lacs, lying in the said property, which have been destroyed. We once again mention that, We have been declared by the BMC as Building Tenancy of which rent June,
2010, has been already accepted by Municipal Corporation of Greater Mumbai. In advance
After follow up Asst comm issues a letter attached for SRA to tiull date there is no answer.
Present status is We are out of business & Buiulder refuses to even talk or give us alternate place. saying as per rules of 33.1 we are supposed to get only 225 sqft where in we were occuping 1725 sq carpet.
Case now is with High Power committe. Could you plz comment on the merits & what should be done.
Raj Kumar Makkad
(Expert) 29 October 2011
This is nothing but a harsh abuse of power by municipality. You should immediately move against BMC before Mumbai High Court by way of a writ. When you have repeatedly been admitted as Building Tenant of 1725 Sq. fee, how all of a sudden such authority changes its mind and destroys all properties. You also claim all compensation in the writ.
prabhakar singh
(Expert) 29 October 2011
Oh! it was too lengthy too read.I appreciate Mr. Makkad and agree too.
