societ.y redevelopment
Jayalaxmi
(Querist) 18 April 2008
This query is : Resolved
My society is going for redevelopment.I am against it as the paying is planning to pay less rent and from that amount i will not get a flat on rent in that locality. Majority flat memebers are on the redevelopment side while there are few who are against it. Kindly advice according to bye-laws of mumbai is it mandatory to vacate the flat if majority is ready for it
Dhrumil
(Expert) 19 April 2008
You can take injuction by filing petition to hosg co-op-so court. or relevant court by mentioning proper facts of the case as why other member ecxept few members are agree for redevlopment.you have to act Swiftly i.e: before redevlopment starts.
Manish Singh
(Expert) 19 April 2008
Accoding to Maharashtra Rent Control Act, a tenant needs to vacate the premises on the following conditions :
Sec 17. Recovery of possession for repairs and re-entry
(1) The court shall, when passing a decree on the ground specified in clause (h) of sub-section (1) of section 16, ascertain from the tenant whether he elects to be placed in occupation of the premises or part thereof from which he is to be evicted and if the tenant so elects, shall record the fact of the election, in the decree and specify in the decree the date on or before which he shall deliver possession so as to enable the landlord to commence the work of repairs.
(2) If the tenant delivers possession on or before the date specified in the decree, the landlord shall, two months before the date on which the work of repairs is likely to be completed, give notice to the tenant of the date on which the said work shall be completed. Within thirty days from the date of receipt of such notice the tenant shall intimate to the landlord his acceptance of the accommodation offered and deposit with the landlord rent for one month. If the tenant gives such intimation and makes the deposit, the landlord shall, on completion of the work of repairs, place the tenant in occupation of the premises or part thereof on the terms and conditions existing on the date of the passing of the decree for eviction. If the tenant fails to give such intimation and to make the deposit, the tenant's right to occupy the premises shall terminate.
(3) If, after the tenant has delivered possession on or before the date specified in the decree, the landlord fails to commence the work of repairs within one month of the specified date or fails to complete the work within a reasonable time or having completed the work fails to place the tenant in occupation of the premises in accordance with sub-section (2) the court may, on the application of the tenant made within one year of the specified date, order the landlord to place him in occupation of the premises or part thereof on the terms and conditions existing on the date of passing of the decree for eviction and on such order being made, the landlord and any person who may be in occupation shall give vacant possession to the tenant of the premises or part thereof.
(4) Any landlord who, when the tenant has vacated by the date specified in the decree, without reasonable excuse fails to commence the work of repairs and any landlord or other person in occupation of the premises who fails to comply with the order made by the court under sub-section (3), shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both.
So you will be entitled for repossession.
Also check out your Society's By-laws
Jayalaxmi
(Querist) 21 April 2008
The Builder is ready to pay 10,000 rs in Andheri area as way of rent which is much less according to the prevailing rate which is around 18000 rs. The corpus fund which builder is giving is also very less. The secretary has shown a rosy picture to majority that if we go for redevelopment than the rate of the flat will increase at no extra cost. Do u think that we have a strong case if we go to the court.
Manish Singh
(Expert) 24 April 2008
It depends upon the rent controller in your xity and it might be in your since the eviction matters are meant to go in favour of tenants mostly.
But i think you will need to vacate thepremises for restructure if the builder makes a good representation in this case to the controller.
