Renovation under pagdi property
Sanjay Sharma
(Querist) 21 December 2011
This query is : Resolved
I am staying in a pagdi system chawl room in Mumbai and have renovated the house by increasing the vertical wall height to aount 14 feet , which is as per the BMC norms. However, the pagdi landlord is demanding an amount of Rs.5,000/- for the permission of construction/ renovation to obtain his permission .
We refused to pay the amount to him as the vertical limit of the wall was increased to BMC regulations. However, he has taken us to the policy station and by force the policy have asked us to settle the matter by paying the amount to the landlord. We paid Rs.2000 to the pagdi owner (under the policy pressure).
Now the pagdi owner is demanding the amount of Rs.3000/- for the renovation and on asking the written NOC for construction and also the receipt for the payment he refused the to give anything in written.
Further, to our understanding the pagdi owner has sold the land to a builder for redevelopment, however due to the opposition of the local people and their wish to carry out a “ Self Development”, the builder never started the construction and also the approval for the self development is pending for approval at the mayor’s office. However, he is still collecting the rent from the tenants.
Also , many people in our locality has constructed the same structure and the landlord has not asked a single amount from them, but hs is behind my life to pay the amount to him.
I would like to get clarity on the below points:
1. As the vertical wall limit was increased to 14 feet under BMC – Mumbai law, is it necessary to get an approval or NOC from the landlord ( Pagdi owner ) or BMC ( 14 feet limit is predefined under BMC)
2. Is the pagdi owner eligible to demand any amount from us and not give any written consent or receipt?
3. What can be the consequences for not paying him the amount ( as morally it is not correct to pay an illegal amount)
4. Can the Pagdi owner force and harass us by complaining the police and asking the BMC to destroy the redeveloped wall. (Also not all neighbours have done same renovation in the past and no action has been taken against them)
5. Can the Pagdi owner demand us to legally EVICT the room
6. Can you suggest any organization or federation or association along with the contact number to guide us and help us out to settle this kind of situation
7. What can be the legal proceedings fro avoid such a kind of harassment to us by the landlord.
8. How to deal with the situation to avoid eviction (before it can come to our doorsteps)
9. How can we directly deposit the rent for the house to the court.
10. Can we be evicted / how to avoid the eviction and further inconvenience?
ajay sethi
(Expert) 21 December 2011
repeated query
Raj Kumar Makkad
(Expert) 22 December 2011
It shall be better for you to engage a local lawyer and seek his detailed advice by paying his service charges.
Sanjay Sharma
(Querist) 22 December 2011
Dear Mr Makkad,
Thank you for your rely. Just wanted to update that the area has been declared as SLUM in maharashtra and if you can provide me with the details of tenants rights under the same i.e. Rules of pagdi system in property already declared as slum by state government.
Because the money is not a problem, the only concern is it is not morally right to pay a bribe ( as the landlord is not ready to give any receipt for the amount of a writtenNOC.)
