Validity of documents sent by speed post for regularisation of illegal additions/alterations.
KETAN J SHAH
(Querist) 06 October 2013
This query is : Resolved
Respected Sir,
The tenant has carried out illegal additions/alterations in the Rented premises without the N O C of the Landlord and No permission taken from B M C. Tenant was served with MRTP notice giving him one months time for restoration.He didnot carry out any restoration and instead filed a suit on B M C.Along with this the tenant had sent a request for regularisaton of illegal work to the offivce of Building and proposal dept .But they refused to accept the proposal as the Landlord has already given in writing that NO plans should be regularised with LL NOC.SO THE TENANT SENT HIS REGULARISATION PROPOSAL TO B&P DEPT BY SPEED POST.
The suit was filed in 2011 and now after 2 years the tenant files C S and says that since the B M C didnot reply to his regularisation proposal it means the illegasl work is deemed to be regularised.
Without verifying the old records, without contacting the Landlord or without his N O C how can any work get regularised that too when the draft plan and final plans are violated.
If this kind of regularisation is permitted than the Landlord is in danger of loosing the suit and premises.Also the LL has filed and RTI on B&P dept .There are 2 replies expected one is that LL will get the required papers by RTI and other is the dept may say that they do not have any records of the disputed premises or that they have NOT recd any proposal by speed post. IN case the LL gets the answer as to second expected answer what should the LL do in that case.
The LL had approached his artitect and he said that No body else can file any proposal or sign any document other then LL
Your Valuable advice would be highly appreciated.
Thanking you in advance.
prabhakar singh
(Expert) 06 October 2013
The answer is that even if there is any presumption to be raised against BMC in such circumstances the same would NOT BE BINDING ON THE LAND LORD IN ANY CASE BECAUSE THE CONSTRUCTIONS WERE CARRIED WITHOUT PRIOR CONSENT OF THE LAND LORD.
ajay sethi
(Expert) 06 October 2013
consent of landlord is must for carrying out any alterations in tenanted premises . agree with prbahakar singhji
Rajendra K Goyal
(Expert) 06 October 2013
Agree with the experts, consent of land lord is necessary for addition and alterations.
R.K Nanda
(Expert) 06 October 2013
nothing to add more.
Raj Kumar Makkad
(Expert) 07 October 2013
The tenant has to get written permission of the landlord to carry out the desired changes or alteration in the tenanted property.
KETAN J SHAH
(Querist) 07 October 2013
Respected Sirs
Thankyou for the valuable opinions.
It is true that the written permission is required but all the work is done without the permission and now the tenant is saying that he had sent his proposal to BMC for regularisation and since the BMC did not give any reply within 2 months hence all the irregular work is automatically regularised and to be more precise the Regularisation forms and other papers were not accepted by BMC on hand delivery so the Tenant says he sent these papers by Speed Post.
How can it be beleived that BMC refused to accept any paper on hand delivery and secondly what is the proof that what was sent by speed post was actually the application or just empty cover.
The RTI reply is awaited by LL and if BMC says they do not have any documents then can this reply be produced in the ongoing litigation in the courtThe Tenant has filed a CS saying that his irregular work is regularised and if the BMC's reply is against the Tenants CS affirmation then can the CS be dismissed.
Please advice.
Thanking you in advance
Akhilesh Kumar
(Expert) 08 October 2013
To apply for regularisation of the changes carried out in the any building and deviation from the sanctioned plan by the tenant is not accepted except the Land lord has authorised the tenant in writing to do so or same has been communicated to the BMC.It immaterial that the proposal sent through speed post or by hand,because Tenant has no authority to change or make alteration without permission of LL and BMC. I am sure that BMC will not accept permit this Changes. Now the remedy available with the landlord is fle a claim against the tenant and impose the damages caused due to this and try to compound the deviations by paying compounding charges with the BMC and Authority.
