Rights of tenant after demolition of buildings
Guest
(Querist) 21 June 2016
This query is : Resolved
Old building is occupied by tenants under provision of Maharashtra Rent Control Act Their status was of protected monthly tenant , and that building becomes dilapidated.
Municipal Corporation using Relevant provision under Municipal law for dilapidated building demolishes the building following due process of law since in rainy season if the building collapse it may lead to death , injuries etc.
Issue is that there is no provision in Maharashtra Rent Control Act regarding such situation.
What are legal rights of tenant in such situation
1) who where residing when demolition took place
2) who where not residing but no eviction suit was filled by Land lord before demolition
3) Who where not residing and eviction suit for non use was pending or appeal pending .
4) What step should be taken in Court if eviction suit is pending since buildings and room demolished
Guest
(Querist) 21 June 2016
While studying after posting I got input from one 2013 High Court Judgement so question which came in my mind got cleared . Just imp. point myself posting may be some one too require ans to such problem. Additionally if anyone have any input that too please post.
1) In Such case tenancy is suspended not terminated. Tenants will continue to have rights after redevelopment.
2) Protected tenants Tenancy under Rent act should be formally terminated . Or Proper declaration to that effect person should get from court.
3) In pending suits additional issue should be framed under circumstances regarding rights of tenants and it should be decided by court properly
4) Just keeping silent from either side is wrong, Either of person should file declaratory suit that they have rights after redevelopment.
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Any how if any other imp. Judgement anyone have in this regards please post , or mostly guideline I got from High Court Judgement
Kishor Mehta
(Expert) 22 June 2016
Sir ,
A relevant question arises about payment of rent, whether suspended tenancy absolves tenant from payment of rent? This will be in contravention of the Rent Act.
Good luck,
Kishor Mehta
Guest
(Querist) 22 June 2016
Thanks for you constructive interest in this subject. Proper constructive discussion on points helps both sides to learn.
This problem is new problem after 1990's since Mumbai is island and deterioration of building is fast due to sea ( which leads to corrosion ) as compared to main land like Pune city.
With Judgement of Bombay High Court which I read yesterday after posting , process adopted in that matter was tenant went and filed declaratory suit that he is tenant and he has right to get suit tenement . This step he took after demolition or collapse of structure or flat . Here in court he may have deposited rent (since it is negligible ) and Land lord (Owner) contested it.
This problem truly does not come under Maharashtra Rent Control Act. Relevant section of Municipal Act also applies .
Main point of Judgement is that either land lord or tenant should move for declaration about rights after redevelopment.
And if any suit is pending like tenancy termination , better in that suit additional issue is framed and decided by court.
See when Law is made taking fantasy situation results are going to be hay way. If Rent Act states Land Lord /Owner/Builder should construct new structure and give premises free of cost to tenant and tenant will pay only double the rent which he was paying is not going with ground reality (If original rent was 50 per month in such case max. increase Rs.100 per month ) So things will never move practically forward.
While sanctioning Building plan development charges under MRTP act is imposed now in this scenario why person should do charity for others ?
So present Act is not going with time it has been drafted in such manner that it is giving rise to more dispute .
Now necessary changes were in discussion in Housing Ministry . But 2017 Mumbai Municipal Election. Ruling will try best to keep vote bank and please max. people so they come to power . At this stage I don't see any changes in Act till 2018
T. Kalaiselvan, Advocate
(Expert) 25 June 2016
Informative post, keep posting such information for the knowledge of everyone.
