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Neilesh (Owner)     14 June 2013

Parking for redevelopment blg.

We have been staying in Pugree building at Andheri W since 1972. Now the original landlord has sold the entire building to another Party & now they are going to start redevlopment of the same. One of the problem is that they do not agree to provide stilt parking space to the Original tenants free of cost. Over the years we have been using the building compound for parking without paying any charges to any body. So now it doesn't seem fair to be charged for the stilt parking atleast to the old tenants. What does the Redevelopment laws of the Tenanted or Pugree building say in this regard?



Learning

 9 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 June 2013

Owner is changed.Then new tenant agreement takes place. As per new agreement rules to be follows.

Advocate Ravinder (Advocate/Attorney)     14 June 2013

What does your agreement with the old landlord say.  And what is your rent, whether it comes under rent control Act or T.P. Act. 

Neilesh (Owner)     14 June 2013

Thanks for your reply..Here the problem is that itself...the owner is not willing to provide parking space free of cost to the Original Tenants & hence not including it in the agreement..the agreement is yet to be finalised..So as per the law is it mendatory for the New Owner or Landlord to provide Free Parking Stilt Parking Space to the Old & Original Tenants??

Neilesh (Owner)     14 June 2013

Thanks Mr. Ravinder, we have been occupying the Flat since 1972. At that time in Pugree or Tenanted Building, there was no agreement of any kind. Hence we were able to park our cars in the Open Compound of the Building. Now once the Redevelopment is done than there woudn't be any opern space for parking & only stilt parking will be available which is sold by the builder. This is the main Issue, although the builder has right to sell the stilt parking, but here this is not a New Construction Only, this is ReDevelopment & hence the need to facilitate the Old or Original Tenants to provide Free Stilt Parking Is there a provision in the Rent Control Act?

Advocate Ravinder (Advocate/Attorney)     14 June 2013

What is your present rent you have not mentioned. 

Neilesh (Owner)     14 June 2013

we have been paying the rent of Rs. 125/ aprox + water charges & other munciple charges at actuals divided equally between tenants but collected & managed by Landlord. Our building comes under the Rent control act.

Advocate Ravinder (Advocate/Attorney)     14 June 2013

Your case comes under rent control Act where the tenant will have vide powers.  As you already told that there is no express agreement saying that the parking is charged.  Hence, you can file a case before the Small causes court (Rent Control) for providing parking place against the present owner.  owing to your long standing as tenant and occupying the present parking space for a long time, the court may consider your request.  There are chances to win the case.  

SAA_Bombay (Pro)     17 June 2013

Dear Neilesh, as per the DCR rules, developer has to provide parking space for occupants. No developer is allowed to sale this space as it forms the common area of society. For rent of parking, of course, that depends on what your society MC pass a resolution. 

Neilesh (Owner)     22 June 2013

Thanks a lot to all the honourable members.

I will certainly try to go on this line.

 

Once again Thanks a Lot to All...


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