Pagadi system
Sanjay Sharma
(Querist) 20 December 2011
This query is : Resolved
Dear Sir,
I stay in Jogeshwari - Mumbai since last 3 years under a pagdi system room (chawl). In October 2011, i have renovated the house and increased the vertical height to around 14 feet ( applicable as per BMC - Mumbai law).
However, the pagadi owner is demanding the money in cash from us as a compensation for increasing the vertical wall of the home and not seeking ihs permission.
Further, there are aroung 20 rooms in our chawl and 50 % residents have increased the vertical wall in the past and the pagadi owner has never demanded any amount from them .
Further, the pagadi owner has complained the local policy station and the poice suggested to pay him the amount without any written consent. We paid him, Rs.2,000/- partly and still he is demanding Rs.3000 from us so that he would not complaint to BMC and destroy the renovated property.
I would like to know what can be done to resolve the issue as the pagdi owner is behind us for the money and is not demanding any funds from others who have increased the vertical wall limit in past.
ajay sethi
(Expert) 20 December 2011
you are tenant . if you desire to carry out renovations you have to obtain permission of landlord . if you have not done so ,landlord will w ant his pound of flesh . pay him extra Rs 3,000that he is demanding .
Sanjay Sharma
(Querist) 20 December 2011
Mr Sethi,
Thank You for your reply.
Would want to understand, what would be the consequences incase the amount is not paid to the landlord. As many people have done similar renovation and the landlord has not demanded any kind of amount from them .
ajay sethi
(Expert) 20 December 2011
see the reason i advised you to pay rs 3,000 was that it is paltry amount demanded by landlord . if you refuse to pay landlord can harass you . he can file suit for eviction against you . file police complaint against you . generally agreements entered into between landlord and tenant contain a clause that no renovations /aleterations will be carried out without landlord consent
you will end up paying more money in legal fees
Sanjay Sharma
(Querist) 20 December 2011
Hi,
The land lord states that he has already sold the land to a builder for redevelopment, however due to protest from the residents the lan is hold as the people want to do a self development by their own, which the landlord is opposing.
Further, a similar work has been carried out by other residents and the landlord has never demanded anything from them.
ajay sethi
(Expert) 20 December 2011
sharmaji your story keeps on changing . .the landlord wants an excuse to evict you . cant you read the writing on the wall?
Sanjay Sharma
(Querist) 20 December 2011
Further, the landlord is not ready to accept the cheque payment for the amount or given any thing in written (NOC).
The question is, even if the amount is paid and he denies the same than what would be the scenario.
Shashikant V. Patil
(Expert) 20 December 2011
Mr Sanjay Sharma,
Going through your facts put up by you, the said landlord also sold this land to builder for redevlopment. Then why you are afraiding ? do not pay him, if he no longer remains owner. Let him go to the Police station or elsewhere, you take your defence strongly by posing yourself as a third person.
Sanjay Sharma
(Querist) 20 December 2011
Dear Mr. Patil,
The landlord is still collecting the monthly rent from all the tenants. As stated earlier, he stated that he has sold the property for redevelopment to a builder. However, due to oppostion of the tenants the redevelopment plans are not started.
The pagdi owner is not asking any amount from other tenants and isbehind my life for the 3000 rs. The question is . is it morally correct to pay him the amount without any reason. You can give me your contact details too to speak and clarify the things.
