You have carried on unauthorised alterations in garage
2) BMC can demolish unauthorised constructions made in garage
3) obtain copy of BMC sanctioned plans
4) even if you go to court you may not get any reliefs if construction is unauthorised
Demolition notice served to landlord
Sir/ madam, I am a monthly tenant of a garage in south mumbai . In the year 1993 i had approached the landlord of the building whos garage was always shut due to been in a sloppy area in building compound. I requested him to give the unused garage for storage of cables as garage was always shut he gave it to me and made me his monthly tenant. (1)He issued me a deposit receipt for rs1500/- and monthly rent of Rs 500/- initially. Receipt is issued for godown (2) in year 1995 i started a business from the garage i converted the garage to office (3) i had put an shed in backyard, i have constructed a toilet and 2 cupboard of bricks and mortar on compound wall(4) my office staff is sleeping there in the garage office (5) my staff is now of 8 people office is short for me so i have extended the roof in front side by 5 feet and put chair and table outside. (6) my relationship with original landlord was good so i had not taken any NOC in writing from him(8) landlord expired in 2002(9) some senior citizen had filed a complaint in BMC Against me and my staff for creating nusiance and breading dogs( 10) they have sent copy of complaint to landlord son (11) Bmc has issued a notice u/s 351 to landlord for demolition as this godown is illegal and not in original plans (12) i have got a copy of the same(13) i therefore called the landlord to give me original plans he says he doesn't have the same he instructed me to go to bmc and ask for plan copy(14) i was given notice by landlord son twice to remove the encroachment which i have not replied and not removed (15) i called landlord son to give me a new premises instead of the garage as i am a tenant he says he doesn't have any money he is ready to guve my deposit amount back og Rs 1500/-. (16) what legal action can i take against him. Should I file a police complaint. He says he will a bonafied suite against me. What can i do now
Asked 4 years ago in Property Law
Religion: Hindu
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16 Answers
Before we answer your questions lawfully, we need to examine 1) The rent receipts issued by the landlord 2) Sketch of your garage 3) Notice of BMC under section 351of MMC Act 1888.
We would definitely recommend and advice you for two civil rights before Civil Court under Maharashtra Rent Act 1999. We need to examine critically all three documents before advising you for the proper course of action and cause of action.
You need to file suit against landlord and seek stay now from demolition
- You should file a suit for Permanent Injunction before the court against the said landlord .
- Further , if the said notice from the BMC is in your name , then make this authority party as well .
1. Well, forget filing a complaint against the landlord.
2. If he files a complaint then FIR would be registered against you and this would be in addition to filing a suit for eviction.
3. By changing the nature and character of the tenancy and making construction without written permission from landlord you have given the landlord a cakewalk if he files an eviction suit.
4. The notice for demolition can not be quashed either. Therefore settle with landlord by offering him lump sum.
You are a tenant and not the owner.
You have constructed the structures or extended the constructions illegally, hence the same is liable to be demolished.
Being a tenant, especially encroaching the land belonging to government as a tenant, the owner cannot come to your rescue for the acts done by you which are termed as illegal.
Your claim from owner for alternate accommodation or money in lieu is not tenable in ;law and any suit filed by you in this regard may also not be maintainable or entertained by any court.
You may not even be able to stop the Municipal authorities if the proceed with their orders for demolition of the illegally constructed structure beyond the originally approved garage construction .
You may discuss with a local lawyer and look for some ways to get some respite in this regard.
1. You have no cause of action to initiate any legal proceedings against landlord's son. He has not done any civil wrong much less an offence.
2. Nothing prevents him from filing a petition for your eviction on the ground that he bona fide requires the premises for his own self use. You can contest his petition.
1. it is evident that all the additions and alterations which you did to the garage premises are without any NOC or permission either from the landlord or the BMC
2. Thus all your additions made to the garage are ex-facie illegal
3. you cannot demand any alternate premises from the landlord
4. you have no cause of action against the landlord
5. even if you file any legal proceeding against him, you will completely fail in it
6. you have not only made additions and alterations but also changed the user of the garage to commercial which is completely illegal
7. you cannot seek any indulgence from the landlord or his son for all your wrong and illegal acts
8. it matters least that the landlord did not object to your making the said illegal additions to the garage
9. the BMC will now act as per law and demolish the illegal additions
Dear sir,
The suggestion by son of the landlord is correct and you are suggested to approach the BMC office once for the original plan and try to settle the matter. Else, you may file the suit against the landlord to provide alternative side.
You have made unauthorized construction which will consider with the oral permission of the landlord as LL never objected it but you may have violated the construction plan, so LL also cannot do anything.
Neither you can demand separate premises as a matter of right. No role of police,maximum you can use garage in its original shape.
unauthorized constructions are made without any writing is illegal .
if you file any case against landlord, it is not maintainable.
1. You should apply for copy of sanction plan from BMC.
2. Unauthorized construction will be demolished you want it or not.
3. You can file petition Against BMC to get the demolition delayed.
4. Landlord can file eviction suit against you for making Changes in premises without his permission.
Keep on depositing the rent.
Respected Sir/ madam BMC had served landlord a notice u/s 351 for illegal construction of garage and room ( i was not served with the notice) complainant been my friend manipulated bmc officers and gave me a hard copy of it. I in panic without approaching landlord filled a suit for stay of demolition but due to covid19 my case is unheard (1) few days ago landlord motorcycles and bicycle got stolen from building. Theft was recorded in cctv. Landlord filled a police complaint. Landlord has now put a lock on bothside gate ( main entrance to the building is open 24x7 as it is a small entrance) (2) i am a tenant carrying business from garage without permission from landlord. I have electric scooters for my staff which needs charging twice a day. Now the scooters cannot come near my garage as gates are locked. Landlord has refused to open the gate he says this is not allowed inside his building (3) landlord has filled bonafied requirements of premises case on tenants (4) i have approached local police station and filled a complaint and requested the police to lodge FIR (a)u/s 340 and 342 ipc for wrongful confinement (b) u/s 268 public nuisance (c) u/s 405 criminal breaches (d) u/s 506 criminal intimidation (e) u/s 420 cheating. (6) tenants on whom he has filled suit have signed other tenants don't want to sign as they don't want to spoil their relationship with landlord (7)landlord son in his statement recorded that garage is just given on rent. He denys that he has received any amount as there is no agreement signed (8) the person who have signed are staying in the same building but are not the tenants as rent receipt are in other family members name (9) how can I force police to lodge FIR against landlord (10) will i win in criminal case. (11) what happens if he filles a case for bonafied requirements of premises will this go against me (12) will i win the criminal case are there any chance landlord will win Please reply
Asked 3 years ago
You cannot force police to file FIR
2) if police refuse to lodge FIR file probate complaint before magistrate to direct police to investigate and submit report
3) if landlord filed case of bonafide requirements contest the case .burden of proof is upon landlord to prove his case
- If no response from the police , then you can send your compliant to the higher police official
- Further , if no FIR lodged , then you can file a compliant before the magistrate under section 156(3) of CrPc
- If landlord files bonafide requirement for eviction , then you can contest the case after submitting that the landlord has other property and the premises is being used by you for the long periods , and it is only source of your livelihood .
You may have to insist the police to adept the complaint filed by you agaisnt the landlord for the illegal acts done by him restricting you from moving in and out of your premises. If at all he has filed any civil case, he may proceed with the same instead of taking any such illegal acts and without an order of court, he cannot lock the gates.
If his case is decided in his favor you may prefer an appeal against it and first obtain a stay order for executing the orders.