Pagdi system tenancy rights under Enemy Property
My family has been residing under in a 1 bhk in mumbai under pagdi system for more than 80 years.
The landlord moved to Pakistan during the partition and the property is now vested by the Custodian of Enemy Property for Govt of India (CEPI) after the Enemy Property Act was passed in 1968.
As per the prevailing pagdi system, we have continued to pay a nominal rent amount (which is less than the market rate) for the premises to the custodian for several decades after it was vested.
Over the last decade several controvercial changes have been made to the act and the government has also started the initiative to dispose of enemy properties across the country to make a significant amount of revenue.
In 2021 we receieved a notice from CEPI asking all current tenants of the building to enter into a 11 month leave and License agreement with the CEPI which would essentially cause us to give up our ownership and tenancy rights.
The tenants collectively sent a reply letter to the CEPI and cc to Ministry of Home affairs that we are currently paying rent as per Pagdi system with 30% ownership and tenancy rights and hence declined entering into leave and License.
We did not receive any reply from the CEPI and the cheques we sent for rent were not accepted for the last two years.
Now (July 2024) the CEPI has once again sent us a notice asking us to pay some occupational charges which is about 8 times our current rent until a formal leave and Licence is agreed upon. Payments are only accepted through their website where "Leave and License" is clearly mentioned.
So far we haven't payed these occupational charges and have not responded to the new notice adn are doubtful how to proceed.
can anyone please advise.