KISHOR 02 May 2017

Illegal demolition by mcgm/ landlord

MCGM ISSUED NOTICE FOR EVICTION OF TANANTS U/S 354 OF PRIVATE BUILDING BASED ON VISUAL REPORTS OF LANDLORD STRUCTURAL REPORT. tANANTS HAVE ALSO DONE STRUCTURAL AUDIT SHOWS BUILDING REQUIRES MAJOR REPAIRS. STILL MCGM PUTS BUILDING UNDER C1 CATAGORY. WITHOUT TAKING REPORT OF TAC, THE BUILDING WAS DEMOLISED IN YEAR 2015.

NOW UNDER RTI, MCGM OFFICER SAYS THAT THEY HAVE FOLLOWED ALL THE GUIDELINE ISSUED BY HIGHCOURT AND BUIDING WAS DEMOLISHED BY OWNER ITSELF.

IS THE CLAIM OF MCGM OFFICER IS RIGHT......OR THEY WANT TO SAVE THEIR SKIN FROM CORRUPTION CHARGES AND CHARGES FROM ILEGAL DEMOLITION.

DOES ANY LANLORD HAVE RIGHT TO DEMOLISH BUILDING UNDER SEC 354 IN CASE OF TWO CONTRACTADICTORY REPORTS?

WHAT IS LEGAL ACTION POSSIBLE AGAINST LANLORD?

WHAT IS LEGAL ACTION POSSIBLE AGAINST MCGM OFFICER?

COMPLAIN GIVEN TO MCGM COMMISSIONER BUT NOT TAKING ANY ACTION AGAINST THIS ILLEGAL ACTION? WHAT ACTION POSSIBLE AGAINST COMMISSIONER FOR NOT TAKING ACTION AGAINST CORRUPT OFFICER?

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6 Replies

(Guest)

354.

(1) If it shall at any time appear to the Commissioner that any
structure (including under this expression any building, wall or other
structure and anything affixed to or projecting from any building, wall or
other structure) is in a ruinous condition, or likely to fall, or in any way
dangerous to any person occupying, resorting to or passing by such structure
or any other structure or place in the neighbourhood thereof, the
Commissioner may, by written notice, require the owner or occupier of such
structure to pull down, secure or repair such structure 1[subject to the
provisions of section 342], of danger therefrom.

(2) The Commissioner may also if he thinks fit, require the said owner or
occupier, by the said notice, either forthwith or before proceeding to pull
down, secure or repair the said structure, to set up a proper and sufficient
hoard or fence for the protection of passers by and other persons, with a
convenient platform and hand-rail, if there be room enough for the same and
the Commissioner shall think the same desirable, to serve as a footway for
passengers outside of such hoard or fence.

(Guest)

Now what are the rights of tenants whose building is demolished this is indeed question of law.

Directly they have not stated in Act , but in some municipal corporation they have made provision under development control rules framed under MRTP Act for allotment of some tenment to such people

What I suggesst in such case is that you better move to court , claiming some rights in redevelopment now only , dont wait else there will be problem of limitiaton act .

Govt said they will amendment rent act soon to solve this problem but till date bill is not tabled in assembly and I don't believe in words of politician , So take legal steps quickly

KISHOR 02 May 2017

Madem,

My query is regarding what action i can take for corrupt officer for illegal demolition done by them along with Landlord.

My rights are already protected, and i had no query for that. I really want to know what action I can take for not following law..they have done the this act to favour the builder FOR EVICTING TANANT FOR REDEVELOPMENT.

(Guest)

How you can prove that building which was demolished was safe and sound , and why you never took steps to get injunction at first place when notice was issued under section 354 , Forget it now nothing can be done

Only thing you can try for claiming rights in redevelopment

KISHOR 02 May 2017

Madem,

what can be action for helping in corruption to builder by mcgm. as As per law only Technical Advisory committee can take decision whether building is dnagerous or not, when there are two contradictory reports.