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F Ali Sk   28 November 2019

want to apply for a stay order if mumbai municipal corporation sends demolition notice

Dear sir,
Our property is in a chawl, the owners are trustees, Our building was repaired and while repairing upon our request architect included 3 partitions on that property as we are 3 brothers so our mom gave us permission to divide it between 3 of us which is on my moms name, the 2nd room is actually the entire 2nd floor is under us divided into 2 rooms for which we have electric and maintenance bills as we have agreement for the entire floor with the trustee...as s part of our floor is non tallying with the true extract we kept it open to sky at present but the agreement of this area is under my brother name.

Since there is dispute going on between 2 tenants on the first floor they have complained against the entire building tenants that every tenant has some or another illegal unauthorised construction such as loft inside the room and partitions....now these people are not coming to a conclusion infact these both tenants wants easy money and they both has extorted my mum to pay money to allow repair the building.

Even after paying them.. after completion of repairs they started having issues with each other and hence they both harass the mbmc staff to demolish the entire building.

After their complaint mumbai municipal corporation has sent us a notice under 488 to inspect the property...we are worried that they may take some action against our property and on instigation by them they may demolish our partions.

I need advice how can i apply stay order against the Mbmc, if they issue a demolition notice....and what will be the expenses for apply the stay order.

Warm Regards.


Learning

 8 Replies

G.L.N. Prasad (Retired employee.)     28 November 2019

Please understand that it is ultimately the local advocate that has to help by bringing the stay order, if there are no unauthorised additions/constructions erected by you recently and if there are such restrictions specifically applicable to your construction and plinth area etc.  Please engage local advocate who is well versed with such corporation laws, violations, getting rectification/ratification/approval etc.

Kishor Mehta (CEO)     28 November 2019

No permanent additions or alterations are permitted without the written sanctions of the landlord and the MCGM. You can approach the sessions Court of Mumbai at Hutatma Chowk for property situated at South Mumbai and sessions Court at Dindoshi-Goregaon for North Mumbai property , to obtain stay order against demolition by MCGM. You had better consult an Advocate in your own interests.

Nilesh P   29 November 2019

You can share/inbox your email for further communication

Dr J C Vashista (Advocate)     30 November 2019

It is better to consult a local prudent lawyer for better appreciation of facts,  guidance and proceeding.

F Ali Sk   12 December 2019

fauzanali1982@gmail.com

F Ali Sk   12 December 2019

can bmc issue notice on verbal complaint as bmc officer said me that the complainant has not issued any written complaint instead he is approching commissioner of BMC and complaining verbally and hence they are sending us notice 488 and now 351.......

Can bmc issue us notice without written complaint and if bmc is issuing us notice if we refuse to accept any notice can they take any action against us.

G.L.N. Prasad (Retired employee.)     12 December 2019

When the authorities feel that there are violations, it is their bounden duty to issue notice.  Complaints in oral or in writing by others are in no way relevant.  If there is a violation, they can take action even if no body makes a complaint.

Kishor Mehta (CEO)     12 December 2019

BMC can issue notice for structural audit of old buildings, it doesn't require oral or written, complaint to issue notice. It will be in your interests to consult an advocate immediately before any demolition orders are issued.

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