Appointment of architect by tenant
KETAN J SHAH
(Querist) 23 August 2013
This query is : Resolved
RESPECTED SIR,
THE BUILDER/LANDLORD PUT PLANS FOR SANCTIONING BY B M C AFTER COMPLETING ALL THE LEGAL FORMALITIES.
THE ADDITIONAL FLOORS WERE ERECTED BY PURCHASING TDR. WORK COMPLETED SUCCESSFULLY AND FINAL O C GRANTED TO THE BUILDER/DEVELOPER.
NOW ONE TENANT CARRIED OUT ILLEGAL ADDITIONS/ALTERATIONS TO HIS PREMISES.THE BUILDER DID NOT APPROVE THIS ILLEGAL WORK. THE TENANT APPOINTED HIS OWN ARCHITECT AND MADE APPLICATION FOR REGULARISING HIS ILLEGAL WORK WITHOUT THE N O C OF BUILDER/LANDLORD AND NOW HE CLAIMS THAT SINCE HE DID NOT GET ANY REPLY FROM B M C AFTER THE EXPIRY OF 60 DAYS TIME PERIOD HIS ILLEGAL WORK IS REGULARISED.
NOW THE QUESTION IS WHEN THE BUILDER/LANDLORD SPENDS LACS OF RUPEES FOR GETTING PERMISSIONS AND PAYING FEES TO THE ARCHITECT CAN THE TENANTS APPOINTED ARCHITECT INTERFERE IN BUILDERS/LANDLORDS PROPERTY TO GET ILLEGAL WORK REGULARISED.
PLEASE ADVISE.
THANKING YOU IN ADVANCE
V.T.Venkataram
(Expert) 23 August 2013
The acts of the Architect and tenant are illegal,Since the Architect has prepared the Bldg Plan without the N O C of the Landlord , and since Required forms were signed by the Tenant saying that he is the owner of the premises and lodged it for regularisation of illegal additions/alterations.
KETAN J SHAH
(Querist) 24 August 2013
Respected Sir,
The expanded version of B M C is Bombay Municipal Corporation.
V R SHROFF
(Expert) 24 August 2013
Tenant carried out alteration in his premises. If it does not affect any other tenants or builder, and or not touching the basic structure of building, like beam/ column and supporting Walls,
WHY YOU OBJECT IT???
Raj Kumar Makkad
(Expert) 24 August 2013
First of all reply he valid query of Shroff prior to resolution of your query.
prabhakar singh
(Expert) 24 August 2013
Moreover it is repeated and facts are curtailed.
Better come through same thread where even court litigation was told.
Guest
(Expert) 24 August 2013
Your query is about "Appointment of architect by tenant." So, it is not understood whether your objection is about appointment of archtect or about illegal additions and alterations.
So far as the query about architect is concerned, there is no illegality in appointment of architect, as a consultant/advisor, by your tenant.
However, the question arises, was there any reason for not objecting to the changes (additions & alterations) made by the tenant for such a long time when even after construction of additional structure more than 2 months have already passed on making application by the tenant for approval to the BMC?
Rajendra K Goyal
(Expert) 24 August 2013
The tenant has no right for addition alteration to the basic structure of the premises without the permission of landlord even if it may got approved by BMC.
KETAN J SHAH
(Querist) 24 August 2013
RESPECTED SIR'S
THANK YOU ALL FOR YOUR VALUABLE OPINIONS.
THE ANSWER TO MR SHROFF SIR'S QUERY IS THAT THE BUILDING LINE WALL IS DEMOLISHED AND NEW WALL IS CONSTRUCTED WHICH IS ENCROACHING THE OPEN SPACE OF THE COMPOUND.
ANSWER IN CONNECTION TO MR DHINGRA SIR'S OPINION IS THAT OF APPOINTMENT OF ARCHITECT BY TENANT.BUT SIR, AS YOU SAY IT IS ILLEGAL TO APPOINT ARCHITECT BY TENANT THE DOUBT IS CLEARED.
CAN THE LANDLORD OBJECT TO APPOINTMENT OF SUCH ARCHITECT IN THE COURT AT THE TIME OF HEARING OF SUIT AS EVICTION SUIT HAS ALREADY BEEN FILED AND THE HEARING IS JUST ABOUT TO START.
PLEASE ADVICE.
THANKING YOU IN ADVANCE.
Guest
(Expert) 24 August 2013
Don't forget, I have already questione whether your objection is for the appointment of the aechitect or the illegal additions and alterations?
You have not replied my query. Is there anything for us to presume whether your court case pertains to the appointment of architect or for illegal additions and alterations in the building? Raising question about about appointment of architect would be irrelevant. Relevant is only to question the illegal additions and alterations.
KETAN J SHAH
(Querist) 25 August 2013
Respected Dhingra Sir,
Sorry for pursuing with this query repeatedly but it is important for the landlord to get advice on this.
The Landlord's court case pertains to illegal Additions/Alterations however the Architect who has been appointed by the Tenant is just not for mere consultation and advice.This Architect has prepared the Bldg Plan without the N O C of the Landlord and lodged it for regularisation of illegal additions/alterations.The Required forms are signed by the Tenant saying that he is the owner of the premises.
Can the Architect who is neither appointed by the Landlord nor he is known by the Landlord and he has NO N O C from the Landlord put up the plans for sanctioning from Municipal corporation for the work carried out by the Tenant which is illegal and beyond the sanctioned plans.
Please advice.
sorry for repeated inconveinience
Thanking you in advance.
prabhakar singh
(Expert) 25 August 2013
Since 'The Required forms are signed by the Tenant saying that he is the owner of the premises',the architect can escape of his liability ,if any,that he trusted what his client(your tenant) stated.
Make a complaint to cancel his registration.
File or cause to be filed FIR against tenant for having signed 'The Required forms as owner'.It affords you also an additional ground of eviction as it amounts to denial of your title .
Guest
(Expert) 25 August 2013
Mr. Ketan,
your original query was quite irrelvant, as against the presently stated fact that the tenant entered in to agreement with the architect by falsely posing as the owner. Had you stated these facts in your original query, you could well have received appropriate solution from the experts at the very initial stage without stretching the thread too far.
It is also not understood how the municipality gave approval to the reconstruction plan without verifying its own original records about the ownership and the copy of the approval of the original plan to whom santioned.
If the BMC has approved the plan there must be some more fraudulent activities by your tenant in getting the certified copy of the original plan as well as preparing fake NOC on your behalf. The case seems to be quite complex, for which you need to verify the facts in totality and to frame him for cheating and forgery also.
If you have got the copy of the tenant's agreement with the architect that may help you a lot. You may also seek help of the architect by making your position clear. You may take up case for cancellation of his registration only if he declines to come forward to your help in revealing the truth in the court case.
However, it would be better for you to hire services of some local expert to handle you case effectively, as help through replies to your casual queries my not be sufficient for the purpose.
KETAN J SHAH
(Querist) 25 August 2013
Respected Sir's
Thank you very much for your valuable opinion.
The case is already in an expert hand and this opinion from your side will be an added benefit.
Very obliged that the query posted has been finally understood and replied.
R.K Nanda 
(Expert) 25 August 2013
nothing to add.
Sudhir Kumar, Advocate
(Expert) 27 August 2013
No useful advise can be given without seeing papers.
Meet nearest available advocate.
Sudhir Kumar, Advocate
(Expert) 27 August 2013
you are perhaps away from thinking of future. Tenants make heavy expenditure only if intending to usurp the property.
Sudhir Kumar, Advocate
(Expert) 27 August 2013
repeated http://www.lawyersclubindia.com/experts/Rights-of-Tenant-in-Rented-Commercial-premises--413966.asp#.UhyGZH_Qzmk
Rajendra K Goyal
(Expert) 27 August 2013
Repeated query as referred by the expert Sudhir Kumar ji.
