M r t p on unauthorised additions/alterations by tenant
KETAN J SHAH
(Querist) 26 July 2013
This query is : Resolved
Respected Sir's,
The Tenant carried out illegal additions/alterations in the Tenanted Premises without the permission of Landlord and B M C.
On complaining to B M C the Tenant was served with M R T P notice under sec 53(1) with a period of one month to restore the premises .But instead of following the order the Tenant approached the City Civil Court and filed a suit against B M C and not making the Landlord necessary Party.The Landlord had filed a caveat and c copy was served to the Tenant but he suppressed the facts andinterim Order was passed.
The Landlord filed Chamber summons and it was allowed and interim order was set aside. The tenant filed a Writ Petition in High Court which was dismissed. The Landlord was made the necessary party and interim order vacated.
The matter in the city civil court reached the stage of Notice of motion hearing and at this stage the Tenant filed a chamber summons saying that they had written a letter to Municipal commisioner and Ward officer for regularisation of the illegal work. After expiry of 60 days and with no appeal filed again the tenant has contested in the C S that the premises gets Regularised automatically and M R T P notice ceases.
CAN THE CHAMDER SUMMONS BE ALLOWED TO BE FILED AT THIS BELATED STAGE AFTER ORDERS PASSED BY THE HIGH COURT.DOES THE ILLEGAL WORK ON WHICH M R T P NOTICE IS SERVED GET REGULARISED JUST BY WRITING A LETTER TO B M C OFFICIALS AND NOT GETTING ANY REPLY FOR 2 MONTHS.THE RIGHT TO FILE ANY AMENDMENT PLAN OR REGULARISATION APPEAL TO B M C IS THE PRIVILEGE OF THE LANDLORD AND IF SUCH APPEAL IS ALLOWED TO TENANT WHAT WILL THE LANDLORD DO. HE WILL LOOSE HIS PROPERTY FOR EVER
This is a serious matter for Landlord who can loose the whole suit inspite of having all true and legal documents in his favour.
Your opinion in this case would be highly appreciated.
Thanking you in advance and waiting for your favourable and detailed advice.
prabhakar singh
(Expert) 26 July 2013
Why landlord has not terminated tenancy and sought eviction of tenant and chasing tenant through M R T P notice ????
Rajendra K Goyal
(Expert) 26 July 2013
The landlord should proceed for eviction of the premises on the ground of unauthorized addition / alterations to the premises.
KETAN J SHAH
(Querist) 27 July 2013
Respected Sir,
The Landlord has already filed a eviction suit in small causes court and has terminated the tenancy.
The suit in C C court is filed by the Tenant on B M C because the Corporation has issued M R T P notice U/S 53 (1).The Tenant says that he had written to Municipal commissioner and Asstt Mun Commissioner for regularisation of illegal structure.He claims that after the expiry of 60 days and with No reply received from the 2 concerned depts the structure is deemed to have been regularised.
CAN THE STRUCTURE ON WHICH M R T P IS ISSUED GET REGULARISED BY JUST WRITING TO CORPORATION AND NOT FILING ANY APPEAL AFTER 60 DAYS SINCE HE DID NOT GET ANY REPLY.THE TENANT IS CONTESTING THIS ON THE BASIS OF SEC 53(3) r/w SEC 45(5) OF M R T P ACT.
While going throu the M R T P Act 1966 it is noticed that the regularisation can be done only by the Landlord or his Artitect who has prepared the plans and got them sacntioned in B M C .There is a specific form to ba filled and relevant documents are to be attached with this form and after lapse of 60 days the answer from B M C as to wether the premises is regularised or not will be received in writing along with reasons that if regularised then on what grounds and if Not then why rejected i.e. why it is rejected.
PLEASE GIVE YOUR VALUABLE OPINION.
Thanking you in advance.
KETAN J SHAH
(Querist) 30 August 2013
Respected Sirs,
This is in continuation of this thread.
The matter has come up for hearing in the court.However it is come to the knowledge of the landlord that the M R T P issued by B M C on the Tenant is being revoked by the advocate of the B M C.
When the B M C has issued M R T P on the tenant to restore/reinstate the premises as per the Final plan and if not done then B M C would take action against the Tenant and now can B M C take back the notice issued against the Tenant without the consent of Landlord and regularise the illegal work carriedout by the Tenant. Would it not deprive the Landlord of his title
Please advice.
Thanking you in advance.
